Wednesday, August 13, 2014

Neurolaw in the UK

Neurolaw in the UK

Neuroscientific evidence will continue to increase in importance in criminal trials. The biggest danger is the potential failure to properly test such evidence, and it is important that judges and lawyers understand the limitations of much neuroscientific evidence. What educational resources are available in the UK?

The Royal Society's Brainwaves project looked at developments in neuroscience and their implications for society and public policy. One module looked at neuroscience and the law. The medical Royal Colleges and the Royal Society of Medicine hold seminars on medico-legal matters, for example the RSM is holding a series of events on Sleep and the Law (the first meeting is on Sep 30th). A medico-legal seminar was held at Keele in 2013 on automatism which was expressly aimed at both medical experts and lawyers. There are a number of events organized for lawyers on neurolaw in the United States. Most of the universities known for neurolaw are in the USA. 

British universities do offer modules in this area, for example the University of Kent offer a module on "Neuroscience in Law: Forensic, Medical and Ethical Aspects". Much of the expertise in this area is in the field of forensic psychiatry, and indeed there is a dedicated Forensic Psychiatry Chambers, as well as many forensic psychiatrists working in high and medium secure units throughout the country. There are related disciplines such as neuroethics which inform discussion about the use of neuroscience in the law. 

There are a number of academics with a special interest in neurolaw in the UK - Lisa Claydon, Paul Catley, and Robin Mackenzie. There is a European body for neurolaw, the European Association for Neuroscience and Law (EANL). There certainly appears to be much academic activity on the continent. It would be a useful resource for the UK to have an established centre for neurolaw to aid education of the legal profession and the judiciary. Neuroscience has great potential to aid legal decision-making, but there also needs to be appropriate skills in handling expert evidence in neuroscience.  Neurolaw may still be in its infancy, but we need to be proactive rather than reactive. 

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