Neurosciences in the Courtroom

Conference Criminal Law Department
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On Friday 9 December 2016, the Department of Criminal law and Criminology of Maastricht University and the WODC (National Institute for Applied Security and
Justice Research) will host a seminar on the neurolaw perspective on mental states and legal responsibility.

Theme:
Legal agency requires one to be able to form certain mental states and to act upon  them. For example, in criminal law most offences require not only an actus reus or
a voluntary act, but also a form of mens rea (intention, negligence). Hence, the question arises how neuroscientific techniques, like functional neuroimaging
studies in planning or awareness of actions, might help us to determine whether a particular person performed an act with the required mental state. Moreover,
mental disease and disorder may reduce the responsibility, lead to an excuse, or at least constitute a mitigating factor in terms of sentencing.

In recent years, the use of neuroscientific evidence has brought both challenges and promises to the determination of mental states and disabilities for the 
purposes of the law. What are the current possibilities, limitations and pitfalls? And if neuroscientific research is able to show certain neurological abnormalities that
impair the agent’s capacity-responsibility, what are then the legal consequences for his or her liability? This seminar aims to address these questions both on a
conceptual as on a more practical level of analysis, with a particular focus on the Dutch legal system.

Topics include: pitfalls and possibilities of neuroscience for law, neuroscience and criminal culpability, the insanity defence, the use of neuroscience by defendants in
criminal trials, detecting deception using brain imaging techniques.

The seminar is targeted at legal scholars, legal psychologists, members of the judiciary, and other legal practitioners. Since this seminar takes place in the course
period of the joint minor on Human and Legal Decision-Making (an interdisciplinary perspective from Law, Neuroscience, Psychology and Economics) students are also
invited to participate.

Programme:

9:30- 10:00 Welcome reception & registration participants
10:00 - 10:30 Introducing “Neuroscience in the courtroom” Dr. David Roef (Maastricht University)
10.30 -11:30 The Pitfalls and Possibilities of Neuroscience for Law Prof. dr. Dennis Patterson (European University Institute, Florence)
11:30-11:45 Coffee break
11:45-12:30 Neuroscience and addiction in criminal cases in The Netherlands Dr. Katy de Kogel (WODC/Maastricht University)
12:30-13:00 Discussion
13:00-14:15 Lunch
14:15-15:00 Neurolaw, psychiatry & legal insanity Prof. dr. Gerben Meynen (Tilburg University)
15:00-15:45 Detecting deception using brain imaging techniques Dr. Ewout Meijer (Maastricht University)
15:45-16:15 Discussion
16:15-16:45 Concluding remarks Prof. dr. Marko Jelicic (Maastricht University)
16:45-17:30 Drinks

Conference location: Maastricht University, Faculty of Law.
Admission to this conference is free of charge (diner excluded). Please register via the green registration button!

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