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Neurolaw
Neurolaw is a field of interdisciplinary study that explores the effects of discoveries in neuroscience on legal rules and standards. Drawing from neuroscience, philosophy, social psychology, cognitive neuroscience, and criminology, neurolaw practitioners seek to address not only the descriptive and predictive issues of how neuroscience is and will be used in the legal system, but also the normative issues of how neuroscience should and should not be used. The rapid growth of functional magnetic resonance imaging (fMRI) research has led to new insights on neuroanatomical structure and function, which has led to a greater understanding of human behavior and cognition. As a response, there has been an emergence of questions regarding how these findings can be applied to criminology and legal processes. Major areas of current neurolaw research include courtroom applications, legal implications of neuroscience findings, and how neuroscience-related jurisdiction can be created and appli ...
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Neuroethics
In philosophy and neuroscience, neuroethics is the study of both the ethics of neuroscience and the neuroscience of ethics. The ethics of neuroscience concerns the ethical, legal, and social impact of neuroscience, including the ways in which neurotechnology can be used to predict or alter human behavior and "the implications of our mechanistic understanding of brain function for society... integrating neuroscientific knowledge with ethical and social thought". Some neuroethics problems are not fundamentally different from those encountered in bioethics. Others are unique to neuroethics because the brain, as the organ of the mind, has implications for broader philosophical problems, such as the nature of free will, moral responsibility, self-deception, and personal identity. Examples of neuroethics topics are given later in this article . The origin of the term "neuroethics" has occupied some writers. Rees and Rose (as cited in "References" on page 9) claim ''neuroethics'' is a ...
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Neuroscience
Neuroscience is the scientific study of the nervous system (the brain, spinal cord, and peripheral nervous system), its functions, and its disorders. It is a multidisciplinary science that combines physiology, anatomy, molecular biology, developmental biology, cytology, psychology, physics, computer science, chemistry, medicine, statistics, and mathematical modeling to understand the fundamental and emergent properties of neurons, glia and neural circuits. The understanding of the biological basis of learning, memory, behavior, perception, and consciousness has been described by Eric Kandel as the "epic challenge" of the biological sciences. The scope of neuroscience has broadened over time to include different approaches used to study the nervous system at different scales. The techniques used by neuroscientists have expanded enormously, from molecular and cellular studies of individual neurons to imaging of sensory, motor and cognitive tasks in the brain. Hist ...
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Functional Magnetic Resonance Imaging
Functional magnetic resonance imaging or functional MRI (fMRI) measures brain activity by detecting changes associated with blood flow. This technique relies on the fact that cerebral blood flow and neuronal activation are coupled. When an area of the brain is in use, blood flow to that region also increases. The primary form of fMRI uses the blood-oxygen-level dependent (BOLD) contrast, discovered by Seiji Ogawa in 1990. This is a type of specialized brain and body scan used to map neuron, neural activity in the brain or spinal cord of humans or other animals by imaging the change in blood flow (hemodynamic response) related to energy use by brain cells. Since the early 1990s, fMRI has come to dominate brain mapping research because it does not involve the use of injections, surgery, the ingestion of substances, or exposure to ionizing radiation. This measure is frequently corrupted by noise from various sources; hence, statistical procedures are used to extract the underlying si ...
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Brain Death
Brain death is the permanent, irreversible, and complete loss of Electroencephalography, brain function, which may include cessation of involuntary activity (e.g., Control of ventilation#Control of respiratory rhythm, breathing) necessary to sustain life. It differs from persistent vegetative state, in which the person is alive and some autonomic functions remain. It is also distinct from comas as long as some brain and bodily activity and function remain, and it is also not the same as the condition locked-in syndrome. A differential diagnosis can medically distinguish these differing conditions. Brain death is used as an indicator of legal death in many jurisdictions, but it is Medical definition of death, defined inconsistently and often confused by the public. Various parts of the brain may keep functioning when others do not anymore, bringing questions about whether they should truly be considered dead. The term "brain death" has been used to refer to various combinations. ...
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Persistent Vegetative State
A vegetative state (VS) or post-coma unresponsiveness (PCU) is a disorder of consciousness in which patients with severe brain damage are in a state of partial arousal rather than true awareness. After four weeks in a vegetative state, the patient is classified as being in a persistent vegetative state (PVS). This diagnosis is classified as a permanent vegetative state some months (three in the US and six in the UK) after a non-traumatic brain injury or one year after a traumatic injury. The term unresponsive wakefulness syndrome may be used alternatively, as "vegetative state" has some negative connotations among the public. It is occasionally also called Apallic syndrome or Apallisches syndrome, Loanword, borrowings from German, primarily in European or older sources. Definition There are several definitions that vary by technical versus layman's usage. There are different legal implications in different countries. Medical definition Per the definition of the British Royal ...
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Prefrontal Cortex
In mammalian brain anatomy, the prefrontal cortex (PFC) covers the front part of the frontal lobe of the cerebral cortex. It is the association cortex in the frontal lobe. The PFC contains the Brodmann areas BA8, BA9, BA10, BA11, BA12, BA13, BA14, BA24, BA25, BA32, BA44, BA45, BA46, and BA47. This brain region is involved in a wide range of higher-order cognitive functions, including speech formation (Broca's area), gaze ( frontal eye fields), working memory ( dorsolateral prefrontal cortex), and risk processing (e.g. ventromedial prefrontal cortex). The basic activity of this brain region is considered to be orchestration of thoughts and actions in accordance with internal goals. Many authors have indicated an integral link between a person's will to live, personality, and the functions of the prefrontal cortex. This brain region has been implicated in executive functions, such as planning, decision making, working memory, personality expression, moderating ...
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Irresistible Impulse
In criminal law, irresistible impulse is a defense by excuse, in this case some sort of insanity, in which the defendant argues that they should not be held criminally liable for their actions that broke the law, because they could not control those actions, even if they knew them to be wrong. It was added to the M'Naghten rule as a basis for acquittal in the mid 20th century. In 1994, Lorena Bobbitt was found not guilty when her defense argued that an irresistible impulse led her to cut off her husband's penis. The ''Penal Code'' of the U.S. state of California states (2002), "The defense of diminished capacity is hereby abolished ... there shall be no defense of ... diminished responsibility or irresistible impulse..." The "policeman at the elbow" test is a test used by some courts to determine whether the defendant was insane when they committed a crime. It is a variant of the M'Naghten Rules that addresses the situation in which the defendant knew that what they were going ...
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Volition (psychology)
Volition, also known as will or conation, is the cognitive process by which an individual decides on and commits to a particular course of action. It is defined as purposive striving and is one of the primary human psychological functions. Others include affect (feeling or emotion), motivation (goals and expectations), and cognition (thinking). Volitional processes can be applied consciously or they can be automatized as habits over time. Most modern conceptions of volition address it as a process of conscious action control which becomes automatized (e.g. see Heckhausen and Kuhl; Gollwitzer; Boekaerts and Corno). Overview Many researchers treat ''volition'' and '' willpower'' as scientific and colloquial terms (respectively) for the same process. When a person ''makes up their mind'' to do a thing, that state is termed 'immanent volition'. When we put forth any particular act of choice, that act is called an emanant, executive, or imperative volition. When an immanent or sett ...
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Criminally Insane
The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, , It is also contrasted with the justification of self defense or with the mitigation of imperfect self-defense. The insanity defense is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the ...
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M’Naghten Rules
The M'Naghten rule(s) (pronounced, and sometimes spelled, McNaughton) is a legal test defining the defence of insanity that was formulated by the House of Lords in 1843. It is the established standard in UK criminal law. Versions have been adopted in some US states, currently or formerly, and other jurisdictions, either as case law or by statute. Its original wording is a proposed jury instruction: The rule was created in reaction to the acquittal in 1843 of Daniel M'Naghten on the charge of murdering Edward Drummond. M'Naghten had shot Drummond after mistakenly identifying him as the British Prime Minister Robert Peel, who was the intended target. The acquittal of M'Naghten on the basis of insanity, a hitherto unheard-of defence ''per se'' in modern form, caused a public uproar, with protests from the establishment and the press, even prompting Queen Victoria to write to Robert Peel calling for a "wider interpretation of the verdict". The House of Lords, using a medieval rig ...
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John Hinckley
John Warnock Hinckley Jr. (born May 29, 1955) is an American man who attempted to assassinate U.S. president Ronald Reagan as he left the Hilton Hotel in Washington, D.C., on March 30, 1981, two months after Reagan's first inauguration. Using a revolver, Hinckley wounded Reagan, police officer Thomas Delahanty, Secret Service agent Tim McCarthy and White House Press Secretary James Brady. Brady was left disabled and died 33 years later from his injuries. Hinckley was reportedly seeking fame to impress actress Jodie Foster, with whom he had a fixation after watching her in Martin Scorsese's 1976 film ''Taxi Driver''. He was found not guilty by reason of insanity and remained under institutional psychiatric care for over three decades. Public outcry over the verdict led state legislatures and Congress to narrow their respective insanity defenses. In 2016, a federal judge ruled that Hinckley could be released from psychiatric care as he was no longer considered a threat to himself ...
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Insanity Defense
The insanity defense, also known as the mental disorder defense, is an affirmative Defense (legal), defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a mental illness, psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation (legal), provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan (law professor), John Kaplan, Robert Weisberg, Guyora Binder, , It is also contrasted with the Justification (jurisprudence), justification of Self-defense, self defense or with the mitigation of imperfect self-defense. The insanity defense is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil case, civil finding in ...
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