La revolución del brain-reading: desvelando los horizontes neurotecnológicos de la responsabilidad penal
The rising era of brain-reading: Unveiling the neurotechnological horizons of criminal liability

Author(s): Janna da Nóbrega Souza
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: artificial intelligence; criminal responsibility; neuroscience
Summary/Abstract: In the sphere of criminal law, the adjudication of criminal responsibility is substantiated through the analysis of two foundational capacities: the understanding of the unlawful act (cognitive) and alignment in accordance with said understanding (volitional). Within the framework of judicial practice, these elements are amenable to interpretation with the collaborative involvement of experts, albeit the common incidence of discrepancies among them. This, in turn, exerts influence over a comprehensive assessment. The origin of these disparities is deeply rooted in cognitive biases, as well as in racial/ethnic origin and professional background. The introduction of brain-reading techniques has as its primary purpose the pursuit of objectivity by substituting the observation of behavior with the examination of brain measurements. Despite appearing promising, experts raise objections grounded in the limited reproducibility of data and the intricate complexity of the brain. The application of artificial intelligence offers the potential to address these issues through the integration of information; nevertheless, it gives rise to ethical-legal dilemmas linked to the preservation of mental privacy, consent, and the deployment of countermeasures. The conduct of further research would not only ensure significant progress in the standardization, comprehension, and precision of these technologies but also facilitate the advancement of neurolegislation.

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