The contribution of neuroscience on ascertaining individual responsibility in anti-social and anti-legal behaviour

Abstract

Lately, neuroscience studies on deviant and criminal behaviours have been intensified, with particular reference to the implications on the field of law and the criminal process. By analysing the origin of behaviour, these emerging sciences, would be able to identify possible biological or genetic causes that may have affected the will and awareness of anti-social and anti-law acts committed. It is obvious that the debate shifts to the 'question' of liability. The re-founding of the criminal law on a scientific basis, as the probative reconstruction of criminal facts is increasingly entrusted to the results of technical-scientific evidence, raises concerns regarding their relevance and reliability, while being used together with the traditionally known instruments. This study intends, therefore, to investigate both the results achieved so far by neuroscience for the explanation and interpretation of deviant (or criminal) conduct on scientific grounds, and to understand its possible contribution at a legal level, without any prejudice to the guarantees of a fair and free criminal trial for the individual and the principle of human free will. In any case, neuroscience has opened a window towards a new approach to the criminal law, since knowing man better and understanding his behaviour will inevitably lead to both an adaptation and a renewal of the law and its types.