LaN Session 6 Flashcards
What are the main techniques of neurointervention?
Supplementation (SSRIs, oxytocin), Non-invasive brain stimulation (tDCB, TMS), Invasive brain stimulation (DBS).
What are the four key historical moments in neuro-law?
EEG in legal systems, psychosurgery for violence, neurolaw in personal injury cases, early medico-legal debates on insanity.
What is biosocial criminology, and why is it important?
It integrates social and biological causes of crime to better prevent criminal behaviour.
Why are ethical considerations regarding neurointerventions important?
They guide responsible development and prevent unethical applications.
How does Kirchmair distinguish between neurocorrectives and medical interventions?
Neurocorrectives focus on rehabilitation rather than treating a medical condition.
Why might framing neurointerventions as punishment differ from treatment?
Punishment implies coercion, while treatment focuses on rehabilitation with consent.
What are the criteria under Art. 3 ECHR for degrading treatment?
It must humiliate, degrade dignity, or cause fear and anguish.
What role does proactivity play in rehabilitation via neurocorrectives?
Rehabilitation should be done by the offender, emphasising autonomy.
What are the main ethical issues regarding mandatory neurotreatments?
Violation of autonomy and mental integrity, and risk of coercion making them ineffective.
What are some rights-based arguments supporting neurorehabilitation?
It counters the harmful effects of punishment, offers hope for reintegration and compensates for structural injustices.
How do different theories approach punishment and neurointerventions?
They emphasise autonomy, moral education, and reduce recidivism.
What is the right to hope in the context of neurorehabilitation?
Offenders have the right to access programs that offer a realistic chance of reintegration.
What are the criteria for neurointerventions to not violate Art. 3 ECHR?
- Must demonstrate clear medical necessity.
- Must not degrade or humiliate the individual.
- Must have informed consent from the individual, or an assigned legal guardian.
- Procedural safeguards must be in place to protect rights.
What is Deep Brain Stimulation?
A neurocorrective technique involving the invasive neurosurgical placement of metal electrodes within the brain to transmit electrical impulses.
Requirements for non-invasive neurotreatment to be ethical.
- Status quo is in no way cruel, inhuman, degrading, or in some other way wrong;
- Treatment option is in no way cruel, inhuman, degrading, or in some other way wrong;
- Treatment is in the best interest of the offender;
- The offender has given informed consent.
