This essay deals with a really current topic of how the lastes neurosciences can affect criminal law and in particular how they can change the way of charging individuals with criminal liability. In fact, neurosciences can reveal relevant aspects of the human brain, especially concerning the ability to understand reality and choice. The first part of this work reflects on the serious contrast between those who think that the development of neuroimaging or brainreading will never be able to reveal all the causes of our decision-making and those who believe that this will happen soon. In the author's opinion, whatever sciences can say and prove about either human action and decision-making or on mental desease and social dangerousness, there will always be unexplainable reasons at the bottom of human actions and decisions. On the contrary, at it's crearly showen in the second part of the work, neurosciences can become a helpful instrument to verify many important element in a criminal trial and the judge can use them together with all the other evidence that he can gather before taking his decision.
Bertolino, M., L'imputabilità penale fra cervello e mente, <<RIVISTA ITALIANA DI MEDICINA LEGALE>>, 2012; (3): 921-939 [http://hdl.handle.net/10807/45449]
L'imputabilità penale fra cervello e mente
Bertolino, Marta
2012
Abstract
This essay deals with a really current topic of how the lastes neurosciences can affect criminal law and in particular how they can change the way of charging individuals with criminal liability. In fact, neurosciences can reveal relevant aspects of the human brain, especially concerning the ability to understand reality and choice. The first part of this work reflects on the serious contrast between those who think that the development of neuroimaging or brainreading will never be able to reveal all the causes of our decision-making and those who believe that this will happen soon. In the author's opinion, whatever sciences can say and prove about either human action and decision-making or on mental desease and social dangerousness, there will always be unexplainable reasons at the bottom of human actions and decisions. On the contrary, at it's crearly showen in the second part of the work, neurosciences can become a helpful instrument to verify many important element in a criminal trial and the judge can use them together with all the other evidence that he can gather before taking his decision.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.