Coercive Brain-Reading in Criminal Justice: An Analysis of European Human Rights Law (Law and the Cognitive Sciences)

"Emerging neurotechnology offers increasingly individualised brain information, enabling researchers to identify mental states and content. When accurate and valid, these brain-reading technologies also provide data that could be useful in criminal legal procedures, such as memory detection with EEG and the prediction of recidivism with fMRI. Yet, unlike in medicine, individuals involved in criminal cases will often be reluctant to undergo brain-reading procedures. This raises the question of whether coercive brain-reading could be permissible in criminal law. Coercive Brain-Reading in Criminal Justice examines this question in view of European human rights: the prohibition of ill-treatment, the right to privacy, freedom of thought, freedom of expression, and the privilege against self-incrimination. The book argues that, at present, the established framework of human rights does not exclude coercive brain-reading. It does, however, delimit the permissible use of forensic brain-reading without valid consent. This cautionary, cutting-edge book lays a crucial foundation for understanding the future of criminal legal proceedings in a world of ever-advancing neurotechnology. Provides a detailed description of brain-reading technologies that could contribute to answering central question of criminal law. Makes normative analyses of the human rights implications of brain-reading accessible to readers without specialized training in neurotechnology. Specifies concrete guidance to academics, judges, legislators, and policymakers "This book examines the legal boundaries of non-consensual brain-reading in criminal justice. Focusing on human rights such as privacy and freedom of thought and expression, the book informs lawyers and ethicists debating the legal implications of emerging neurotechnology and advises policymakers and judges in specifying the law to neurotechnology"-- Provided by publisher This book examines the legal boundaries of non-consensual brain-reading in criminal justice, focusing on human rights like freedom of thought