Abstract: This talk examines the challenges that neurotechnology may pose for criminal justice. Neurotechnologies—ranging from implanted devices to wearable headsets—are increasingly used in medicine and consumer markets, and are beginning to feature in policing in some countries, raising significant human rights concerns. But further criminal justice issues may also be on the horizon.
In relation to the criminal act, the law may need to determine how to treat disembodied conduct that is mediated through brain–computer interfaces. With respect to criminal responsibility, questions may arise about how the law should respond if a device malfunction induces hallucinations relevant to the insanity defence.
Although neurotechnology has not yet been incorporated into sentencing, its possible future role raises difficult questions. For example, if a predictive brain implant reduces impulsivity, should this be understood as rehabilitation, incapacitation, both, or neither—and what human rights issues might flow from imposing a sentencing condition that requires neurotechnological intervention?
Beyond individual rights, the presentation also considers the broader sociotechnical implications of emerging neurotechnologies and argues for proactive, anticipatory engagement with the technology by human rights bodies and law reform commissions.
Registration here: https://forms.office.com/e/RWUAMjTnh3
