Neuroscience in Criminal Law
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Home > Law > Neuroscience in Criminal Law: An Overestimated Source of Evidence
Neuroscience in Criminal Law: An Overestimated Source of Evidence

Neuroscience in Criminal Law: An Overestimated Source of Evidence


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About the Book

This work lies at the intersection of law and neuroscience. Its objective is to assess the extent to which the protection of fundamental freedoms and rights in Canada is informed by neuroscientific knowledge. It seeks to highlight the practical application of an emerging 'neurolaw' to reparative claims brought before the courts. We analyse the various references to neuroscientific knowledge or evidence in judicial and administrative case law to determine whether brain-related data can support the claims of parties who believe their rights and freedoms have been infringed. In this regard, three key areas of judicial review emerge: the imposition of cruel and unusual punishment on adolescent offenders, the capacity to consent, and the decriminalization of the possession of certain psychoactive substances. The prediction of recidivism risk using certain neurological markers is also examined. This analysis is all the more necessary given that, despite the enthusiasm generated by the emergence of a 'novel' neuroscientific perspective in contemporary law, existing analyses of 'neurolaw' have primarily focused on the field of criminal and penal justice. We hope this work contributes to reconciling legal and neuroscientific discourse.

About the Author :
Carole Sénéchal is a full professor in the Faculty of Education at the University of Ottawa, Canada. She has a multidisciplinary background. She did her doctoral studies at the University of Quebec in Montreal, Canada in Psychology, at the University of Montreal in Psychopedagogy, at the University of Laval, Quebec in Law and at the University of Montreal in Criminology. Her first doctorate focuses on autistic syndrome disorders, the second on the psychological health problems of teachers, the third doctorate focuses on neuroscience in Canadian criminal law and the fourth doctorate discusses cognitive biases among judges in the assessment of forensic evidence in criminal matters. She also has a background in civil law and common law.


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Product Details
  • ISBN-13: 9781036460129
  • Publisher: Cambridge Scholars Publishing
  • Publisher Imprint: Cambridge Scholars Publishing
  • Edition: Unabridged edition
  • Language: English
  • Sub Title: An Overestimated Source of Evidence
  • ISBN-10: 1036460126
  • Publisher Date: 29 Oct 2025
  • Binding: Hardback
  • Height: 212 mm
  • No of Pages: 295
  • Width: 148 mm


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Neuroscience in Criminal Law: An Overestimated Source of Evidence
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