Task 6 Flashcards
1) What are currently the most important intervention techniques that may be used to change the brains?
DBS = deep brain stimulation: Invasive neurosurgical placement of metal electrodes within the brain to transmit electrical impulses TMS = transcranial magnetic stimulation: Non-invasively induce changes in brain activity through the use of superficial magnets TDCS = transcranial direct current stimulation: Non-invasively induce changes in brain activity through the use of superficial electrodes
2) What is DBS and what may be its relevance for the (criminal) justice system?
DBS = deep brain stimulation: Invasive neurosurgical placement of metal electrodes within the brain to transmit electrical impulses.
In combination with therapy, it enhances the effect of the therapy.
3) In what ways may NIBS change the existing discussions in the field of neurolaw?
- No surgery needed (non-invasive)
- Stimulation effects are mild
- Does not travel deep into the brain
- If stimulation is not repeated, the changes dissipate over time
- Localization can be difficult, the skull is always in the way
- Can stop the intervention when side effects occur
- Minimal side effects (itchy head + headache)
4) What are some issues that arise when reducing violence only to a brain pathology?
Pathological aggression involves a control/volitional problem or in other words a capacity problem. Not every aggressive person has such an impairment. Mad vs bad.
Aggressive behaviour requires interaction with the outside world. If it requires interaction it cannot be reduced to a brain pathology.
5) In what ways can neuroscience be relevant for the criminal law when it comes to aggression and violent behavior?
Direct brain stimulation may now reduce aggressive behavior by directly intervening in the brain’s electric activity.
It can be ethical to offer effective, non-invasive neurotechnological treatments to offenders as a condition of probation, parole, or (early) prison release provided certain general conditions are met (4 conditions)
- The status quo is in no way cruel, inhuman, degrading, or in some other way wrong
- The treatment option is in no way cruel, inhuman, degrading, or in some other way wrong
- The treatment is in the best interests of the offender
- The offender gives his/her informed consent
6) Do you see a qualitative difference between intervening directly to change a criminal’s propensity towards dangerous behavior – through drugs, surgery, DBS if proven safe and effective – and intervening indirectly – through punishment, cognitive therapy, rehabilitation programs – to achieve similar ends?
directly intervening in de brain had greater effectiveness.
only minimal cooperation is needed for directly intervening.
perfect option for mandated treatment.
but it can change the person too radically.
7) What role does the nature/person distinction play in the debate on the permissibility of direct brain interventions?
Source of the influence on the individual’s psychology is a crucial factor (nature vs person) Even if the actual impact that these influences have are identical.
8) What are some of the philosophical, ethical and legal objections to certain kinds of direct brain interventions?
- DBS is a measure not a punishment
- Some people doubt that these drugs really work
- Moral objections: unethical to make someone competent to stand trial
- Legal + political opjection: people have the right to cognitive liberty.
- Objectification.
9) How can the distinction between changing people’s value (and their virtue responsibility) and enhancing people’s capacities (and their capacity responsibility) play a role in the debate on the permissibility of intervention techniques?
- The state should not attempt to control an offender’s values using direct interventions, but that it may be permissible to enhance his capacity to grasp the relevant considerations, so that he is better able to decide for himself which values to adopt
