Three practical areas of neurology to help justice
February 19, 2024 09:59 Source: "China Social Sciences", February 19, 2024, Issue 2834, Issue 2834

Governing the country according to law is the basic strategy of the Chinese Communist Party's governing the country。Under the sky of the rule of law,"Let the people feel fair and just in every judicial case"。In order to better realize the fairness and justice of the judicial process,Research results of neuroscience are used for judicial practice,It has spawned the emerging cross -disciplinary discipline of neurological law。

Neurolaw uses cognitive neuroscience methods and technologies to study the neuros such as legal psychology and behavior,Discuss how the legal system can effectively use cognitive neuroscience to solve judicial problems,Provide objective and quantitative neurological evidence in the judicial process,Help judicial civilization,Demonstrate judicial justice。Neurological law is the marriage of ancient law and emerging neuroscience,It is a new discipline field from cross -disciplinary dialogue to cross -disciplinary integration。The word was first proposed by Taylor and others,But until 2007,Laws and neuroscience projects co -hosted by American neurologist Gazzaniga and others are officially launched,The concept of the cross -border combination of "Neurology" began to use widely in the academic community。

In recent years,With the rapid development of cognitive neuroscience,Neurological law shows huge potential and vitality in law research and practice。Many well -known universities at home and abroad are formed by psychologists、Judge、Research team composed of judicial officials,Cross -disciplinary construction of neurological law。In judicial practice,Some Western countries will Bet365 app download also take cognitive neurosteural evidence as a reason for defense。For example,In the Judicial mental illness appraisal program in the Netherlands,Brain imaging report has been used as a legal reference basis。In our country,Studies in neurological law are still in the infancy。

The scope of research on neurological law is very extensive,All aspects of legal practice,Currently focusing on testing whether the parties or witnesses are lying、Evaluate the defendant's criminal responsibility ability and the danger of evaluating the danger of the crimes。

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Lie recognition is an important technology in criminal investigation and interrogation,The assumption is,The memory content derived from real experience and the content of the content of fabrication or fantasy in the individual expression,These differences are manifested in the clues of the language (the content of the statement、order and other details)、Non -verbal clues (such as expressions、Sound tone、Speech speed, etc.) and psychological and physiological clues (such as breathing、blood pressure、pulse, etc.) and other aspects。

The traditional polygraph technology is based on speech clues,combined with skin electricity、blood pressure、Cardiac rate and other autonomous physiological indicators to infer whether the subject is lying on a multi -guided auto -physiological lie,It is widely used in judicial practice。and micro -expression is considered to be related to the self -defense mechanism,Expressing the depressed emotions,Close to lying behavior,So,Micro -expression lies recognition technology also obtained part of the application in the rigage practice。

In recent years,Event related potential (ERP) of events with a long time resolution and functional near infrared spectrum (FNIRS) and functional magnetic resonance imaging bet365 best casino games (FMRI) with space resolution,To a large extent, the accuracy of lie recognition has been improved。The principle of the ERP rigage technology is,Different cognitive processing processes of different stimulus variables,This different manifestation is on the difference between brain waves,Synchronous record brain waves,Endorphous waves caused by different stimuli,It can be inferred whether the subject is lying。where,300 millisecond positive waves,that is, "P300" is considered to be the most suitable incident related potential for pneuming。

Researchers use FNIRS to study the response of deception to deceive in different motivations,Requires each subject to control conditions、deception to obtain rewards and perform facial recognition tasks under three motivations to avoid punishment (judge whether they have seen people in the photo before)。Results indicate,Different motivation deception leads to different reactions in the prefrontal cortex,Near -infrared spectrum can provide an objective basis for identification of deception。Studies on brain imaging found,Lying。Faro, director of the "Functional Brain Imaging Center" of the School of Medicine, Temple University, found that "there may really be a special area in the brain,FMRI can detect the activity of the area "。Studies indicate,Magnetic resonance technology can generally reach 70%-90%。

  Criminal Responsibility Rights Evaluation

The so -called criminal responsibility ability,It is the ability to identify and control the behavior of the human behavior that the criminal law.,When the actor implements harmful behavior,Can understand the nature of your behavior、Consequences and social and political significance,The ability to control your behavior and assume criminal responsibility。Study illegal criminal bet365 best casino games adolescents and adult anti -social individuals in terms of discerning ability,Whether there are differences between the brain structure and function of normal people,It helps judicial practice more objectively and accurately to determine the individual's criminal responsibility ability。

The judgment of the ability of youth responsibility is based on the level of youth brain development and cognitive development。The brain development of teenagers is not perfect,Still in the thickness of the cortex、Small number of synapses、The transition stage with a small gray quality volume。At this stage,The frontal leaf responsible for the ability to distinguish control、The development of the top -leaf cortex and part of the front buckle is relatively slow,But the almond core participating in social emotional processing、The brain areas such as the abdominal side pattern are developed rapidly,There is a phenomenon that is not synchronized with the development of the cortex and under the cortex,Children that cause adolescents to be highly sensitive to emotional and reward stimulation,impulse to do things,It is also easy to add addicted to new things,However, the consequences of the behavior cannot be considered,Can't control your behavior。

Inconsistent with the development of youth brain development and cognitive function,has begun to affect legal practice as evidence。For example,In the famous American Roper v. Simmons,The Federal Supreme Court accepted a research report on the development of adolescent brain in the American Medical Association and the American Psychological Society,On the grounds of the reasons for the immature ability of young people to distinguish between the control and personality of adolescents,young people under 18 years old when they are bet365 best casino games criminal are not applicable to the death penalty。

Another,Some behaviors of adult anti -social individuals may be related to its abnormal brain structure,This includes an individual,The frontal forehead of their abdomen、Almond core、Corner back and front buckle brings a significant difference between the brain areas and normal people。The abnormal structure and function of these brain areas,It means that they are、Emotional regulation and other processing capabilities are different from normal people,The moral and legal significance of the consequences of your behavior is not sensitive,and eventually lead to the lack of their own behavior control ability。Studies also point out,Compared to the normal control group,Those reports of anti -social individuals who cannot control their violence,The exterior and intra -abdomen's frontal leaf cortex and the hippocampus under the cortex of the back of the brain are abnormal,Activation as low activity、Volume Small、Insufficient gray quality and other features。

  Evaluation of the fifth -generation personal danger

Personal risk assessment is an important theme of personality criminal law and neurological research,Conflict and torture、Classification Office、Evidence -based correction and prevention of re -crime play an important role。Personal risk assessment has gone through the first generation of clinical experience reports、The second generation of static assessment,to the third -generation static dynamic evaluation,and the evolutionary process of correction based on the evaluation。But due to the influence of factors such as social praise,The assessment of self -reporting has problems with insufficient predictions。

Canadian psychologist Nussbaum pointed out,Life risk assessment should be added with neurological biology indicators,For example, evidence of brain Bet365 app download image and genetic testing,Combining genetic research with cognitive neuroscience,Promote its movement towards the fifth generation。Research on the aforementioned brain imaging shows,Anti -social individuals and normal people do have obvious differences in the structure and function of the brain,The results of these neurosciences help improve the prediction validity of personal risk assessment。Another,Research on Genes,Monamine oxidase A (MAOA) is very close to violent behavior。Studies combined with brain imaging and genetic detection Discovery,Compared with the high -expression individual of MAOA gene,Maoa gene low -expression individual,It is responsible for social cognition and emotional regulation.。Research results of these neurological biology,You can predict the danger of individuals more accurately。

In short,Combination of law and cognitive neuroscience for neurology,It means that the interdisciplinary research of law can not only cross with humanities and social sciences,can also be integrated with natural science,It plays a bridge role between law and cognitive neuroscience, Promoting Law、Cognitive neuroscience、Experts and scholars in multiple disciplines such as psychology and philosophy conduct exchanges and cooperation,Fundamental in the theory and practice of law、Ahead -edge problems provide innovative research methods and explanation paths,Provide intellectual support for the improvement and effective implementation of the legal system。

Of course,Neurological law also brought impact on judicial practice。The combination of the two will bring conflicts such as "free will" and "decision theory" and conflict between "true" and "good",But this also shows that this emerging discipline is a "rich mine" for academic research,It is a new growth bet365 best casino games point of legal research,Although the ascendant,But the prospect is wide,It needs to conduct more systematic in -depth research。

 (The author is a professor at the School of Social and Law of China University of Political Science and Law)

Editor in charge: Zhang Jing
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