The Initiative on Neuroscience and the Law

at Baylor College of Medicine

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Neuroscience and the Law

Initiative on Neuroscience and Law

Baylor College of Medicine’s Initiative on Neuroscience and Law addresses how new discoveries in neuroscience should navigate the way we make laws, punish criminals, and develop rehabilitation.  The project brings together a unique collaboration of neurobiologists, legal scholars, ethicists, medical humanists, and policy makers, with the goal of running experiments that will result in modern, evidence-based policy.

Emerging questions at the interface of law and neuroscience challenge fundamental notions at the heart of our criminal justice system. Because brains develop as a complex interaction of genes and environment, can we really assume that people are 'practical reasoners', and deciding in exactly the same way? Is mass incarceration the most fruitful method to deal with juveniles, the mentally ill, and the drug-addicted? Can novel technologies such as real-time brain imaging be leveraged for new methods of rehabilitation? Can large scale data analysis give us insight into patterns of crime, recidivism, and the effect of legislation? 

Because most behavior is driven by brain networks we do not consciously control, the legal system will eventually be forced to shift its emphasis from retribution to a forward-looking analysis of future behavior. In the light of modern neuroscience, it no longer makes sense to ask "was it his fault, or his biology's fault, or the fault of his background?", because these issues can never be disentangled.  Instead, the only sensible question can be "what do we do from here?" -- in terms of customized sentencing, tailored rehabilition, and refined incentive structuring.

In conjunction with defining best practices for new policy, the Initiative fuels new technologies for diagnosis and rehabilitation – for example, developing feedback in real-time brain imaging as a strategy for rehabilitation, running experiments to optimize violence intervention programs, and analysing large crime databases to understand patterns of crime, crime transference, neighborhood dynamics, and recidivism.

The Initiative is directed by David Eagleman, PhD, who holds joint appointments in the Neuroscience and Psychiatry departments at Baylor College of Medicine.

 

Neurolaw: A video introduction

 

After Sandy Hook: Why mental illness matters

Mental illnessThe elementary school shooting in Newtown sparked debates from gun control to bulletproof windows. We suggest the more important issue is to prioritize our national discussion of mental illness. Read more on the NeuLaw blog.
 

Introductory articles

 

Book on the brain and the law

Incognito by David Eagleman

The internationally bestselling book Incognito: The Secret Lives of the Brain explores how the science of the unconscious brain challenges the way we think about criminal behavior and criminal punishment. The book argues for a forward-looking legal system, new approaches to rehabilitation, and better ways to structure incentives. 

 

A neurocompatability index

Criminal jurisprudence is often driven more by intuition and political need than by scientific understanding. A brain-compatible system prizes fairness and long-term crime prevention over harsh but inconsequential punishment. We have developed an index to measure the degree to which systems of law around the world are aligned with modern brain science. The criteria include:
  • understanding mental illness
  • meaningful methods for rehabilitation
  • individualized sentencing based on risk assessment
  • eyewitness identification standards
  • specialized court systems (mental health, drug, juvenile)
  • incentive structuring based on behavioral economics
  • a minimum standard of science education for policy-makers
Eagleman DM, Isgur S (2012). Defining a neurocompatibility index for systems of law. In Law of the Future, Hague Institute for the Internationalisation of Law. 1(2012):161-172.
Read the full paper here.
 

Neulaw featured in The Atlantic

AtlanticCoverWant to know how neuroscience will force major changes in our criminal justice system? Read David's article The Brain on Trial in The Atlantic.
 

Using Big Data to understand crime

Our subgroup on Criminal Policy Informatics is analyzing millions of crime records from the past four decades. By developing new techniques for large-scale data analysis, we seek to:
  • Address legislative efficacy: which laws actually reduce crime, and which do not?
  • Extract patterns of recidivism: what are the constellations of social and personal factors that correlate with reoffense?
  • Where can the penal system use evidence to operate more cost effectively?
We're now opening up this data for crowdsourcing. Join us in detecting and understanding the interacting patterns of policy and crime.

Big data crime analytics

 

New methods for drug rehabilitation

real time brain imagingBeyond mass incarceration, what are our options for dealing with drug addiction? In collaboration with a team of colleagues in Virginia, we have begun to pilot a new technique using real time feedback in brain imaging (functional magnetic resonance imaging). If successful, the technique will allow those with cocaine addictions to strengthen their impulse control and overcome their addiction. Read more about the ideas behind the 'prefrontal gym' in The Atlantic.  Interested in participating?  Click here: eaglemanlab.net/study.

 

Public outreach

Neurolaw at the DC CircuitWe disseminate the importance of a scientifically-guided legal system at scores of public lectures, and are featured regularly on NPR and  CNN (see video below).
Photo: David Eagleman speaks with federal judges at the D.C. Circuit Court bi-annual conference.
 
 

Time to End the War on Drugs?

WarOnDrugsDebateTo liberalise or prohibit? David Eagleman joined Eliot Spitzer, Julian Assange, Vicente Fox, Russell Brand, Richard Branson and several others for an online live debate. Watch a video of the debate here. For more background on our position, see why we believe that neuroscience matters for a rational drug policy.

 

Support the Initiative

Donations to support research at the Initiative on Neurolaw are made through Baylor College of Medicine and are fully tax-deductible. Please consider us for your charitable contributions; any amount drives our work forward. Contact us for more information.
 

Newsflash

Would you like to make decisions like a juror? Please click here to participate in our web-based study of juror decision-making. You will be presented with short cases and will answer questions for ~15 minutes.  Thank you for your participation.