From Neurolaw to Neurorights: The Impact of Neuroscience on Dutch Criminal Justice and Considerations about the Future

Abstract

Neuroscience and neurotechnology have contributed to criminal justice, both in practice and in research. Neurolaw is the academic field that studies the meaning and impact of neuroscience on the law and legal practices. Three neurolaw domains can be distinguished: revision, assessment, and intervention. The first part of this chapter considers these three areas with a focus on actual impact in the Netherlands. The second part of the chapter looks at the future in which neurotechnology in criminal justice can present both risks and opportunities for convicted persons’ human rights. This chapter does so in light of the current debate on so-called ‘neurorights’, which, it has been argued, may be required to ensure that rights protect people against potential risks and support opportunities presented by emerging neurotechnologies. In particular, this chapter focuses on the right to mental self-determination.