Prove neuro-psicologiche di verità penale

Translated title of the contribution: [Autom. eng. transl.] Neuro-psychological evidence of criminal truth

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] Various actors contribute to the forensic reasoning from which the judicial decision follows: investigators, judges, parties, witnesses, experts. The latter, in particular, offer the judging body a specific knowledge of the facts subject to judgment of which the former has no knowledge, knowing that it enters in all respects in the probative reasoning. The contribution illustrates the different inferential phases that make up judicial reasoning, highlighting the risks of cognitive errors that can be inserted in the decision-making process, in cases where spontaneous, intuitive thinking prevails over the formal one. A profile of particular interest, in this sense, is offered by the use of the so-called maxims of experience, which conceal dangerous unknowns, since they could be the result of empirically unverified generalizations. Special attention in the procedural field currently deserves the neuroscientific tests, in particular in cases in which the capacity to understand and to want of the accused is under discussion. They are based on objective methods that can improve the investigation of the biological bases of mental disorder and criminal behavior, while raising inescapable questions about their role in the criminal trial and their impact on the judge's decision-making process.
Translated title of the contribution[Autom. eng. transl.] Neuro-psychological evidence of criminal truth
Original languageItalian
Title of host publication«Verità» del precetto e della sanzione penale alla prova del processo
EditorsGABRIO FORTI, GIANLUCA VARRASO, PASQUALE MATTEO CAPUTO
Pages111-154
Number of pages44
Publication statusPublished - 2014

Keywords

  • Criminal Law
  • Diritto penale
  • Evidence
  • Imputabilità
  • Neuroscience
  • Neuroscienze
  • Prova
  • Ragionamento probatorio

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