L'imputabilità penale fra cervello e mente

Translated title of the contribution: [Autom. eng. transl.] Criminal imputability between brain and mind

Research output: Contribution to journalArticle

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.
Translated title of the contribution[Autom. eng. transl.] Criminal imputability between brain and mind
Original languageItalian
Pages (from-to)921-939
Number of pages19
JournalRIVISTA ITALIANA DI MEDICINA LEGALE
Publication statusPublished - 2012

Keywords

  • Criminal liability
  • Imputabilità
  • Insanity defense
  • Neurosciences
  • Neuroscienze
  • Pericolosità sociale
  • Responsabilità penale
  • Social dangerousness

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