Criminal jurisprudence is often driven more by intuition and political need than by scientific understanding. A brain-compatible system prizes fairness and long-term crime prevention over harsh but inconsequential punishment. We have developed an index to measure the degree to which systems of law around the world are aligned with modern brain science. The criteria include:
- understanding mental illness
- meaningful methods for rehabilitation
- individualized sentencing based on risk assessment
- eyewitness identification standards
- specialized court systems (mental health, drug, juvenile)
- incentive structuring based on behavioral economics
- a minimum standard of science education for policy-makers
Eagleman DM, Isgur S (2012). Defining a neurocompatibility index for systems of law. In Law of the Future, Hague Institute for the Internationalisation of Law. 1(2012):161-172.
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