Neuroscience in Criminal Justice Systems

This edited collection shows the tangible and positive impacts neuroscience is having in specific jurisdictions for individuals involved in the criminal justice system as witnesses, victims, defendants, and legal practitioners. Over the last 30 years, neuroscience has significantly informed legal, philosophical, and doctrinal discussions by deepening our understanding of the relationships between the brain, mind, and criminality. By embracing a practical and realist approach, this book explores the fundamental question of what and how neuroscience has been concretely contributing to criminal justice, with a specific focus on international systems. Notably, the volume brings together perspectives to discuss neuroscience's positive impact on the global criminal justice process. It provides an overview of different legal dimensions that have been thus far positively impacted by neuroscience, as well as some discussion on its future applications to improve the treatment of system-impacted people. To this aim, the book covers two key areas: (1)criminal trials; and (2) punishment, treatment, and reform. This work will appeal to academics, criminal lawyers, judges, policymakers, and reformers interested in how neuroscience contributes to meaningful changes in the criminal justice system. The reader will gain significant insights into neuroscience's present and immediate future contributions to different dimensions of the criminal justice process through original exploration by legal academics and practitioners.

Hannah Wishart is Senior Lecturer in Law at the University of Sunderland, U.K. Colleen M. Berryessa is Associate Professor at the School of Criminal Justice at Rutgers University, U.S.

Introduction, Hannah Wishart and Colleen M. Berryessa; 1. How Has Neuroscience Positively Contributed to English Youth Justice?, Hannah Wishart and Ray Arthur; 2.The Neuroscience of Brain Injury in Criminal Cases: An International Scope, Deborah W. Denno; 3.'Excited Delirium' in Law Enforcement Contexts: Scientific, Legal, and Ethical Concerns, Joanna Naples-Mitchell, Brianna da Silva Bhatia, Joshua Budhu, and Altaf Saadi; 4. From Neurolaw to Neurorights: The Impact of Neuroscience on Dutch Criminal Justice and Considerations about the Future, Naomi van de Pol, Gerben Meynen, and Sjors Ligthart; 5. Neuroprediction: The Future of Crime Prevention or Fostering Injustice?, Elizabeth Shaw and Gregg D. Caruso; 6. The Relevance of Trauma as a 'Mental Disorder or Abnormality' in Sentencing: An Australian Case Study, Katherine J. McLachlan; 7. The impact, and lack of impact, of neurodiversity in the criminal justice system in Aotearoa, New Zealand, Mark Henaghan and Jean Choi; 8. Mental Health and Neuroscience: Future of Sentencing and Incarceration, Sandy S. Xie and Olivia Choy; 9. The Impact of Neuroscience on Prison Litigation: The Case of Prolonged Solitary Confinement, Federica Coppola; 10. How Neuroscience Can Improve the Sentencing of Defendants with Autism Spectrum Disorder, Colleen M. Berryessa and Carolina R. Caliman; 11. Drug Policy: Neuroscience-Informed Responses to Substance Use, Amanda Chen and Stephanie Tabashneck; 12. Neuroscience Education in the Criminal Justice System, Mia A. Thomaidou