Chapter

Neuroscience and Penal Law: Ineffectiveness of the Penal Systems and Flawed Perception of the Under‐Evaluation of Behaviour Constituting Crime. The Particular Case of Crimes Regarding Intangible Goods

David Terracina

in Law and Neuroscience

Published in print February 2011 | ISBN: 9780199599844
Published online May 2011 | e-ISBN: 9780191725227 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199599844.003.0011

Series: Current Legal Issues

Neuroscience and Penal Law: Ineffectiveness of the Penal Systems and Flawed Perception of the Under‐Evaluation of Behaviour Constituting Crime. The Particular Case of Crimes Regarding Intangible Goods

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Contemporary penal systems have long suffered a profound crisis of ineffectiveness. Judicial statistics show a crime rate that is constantly on the rise, whether these are blood crimes or crimes of a patrimonial nature. Obviously, the chronic ineffectiveness of the penal systems cannot depend on merely one factor. In addition, it is unlikely on the one hand that all factors determining a crisis of such proportions can be known; while, on the other hand, it is highly likely that the mechanisms of the factors known are not completely understood. Hence, dealing with a combination of heterogeneous factors, both exogenous and endogenous, there can be no single solution that is able to restore the likes of the penal systems by itself. This chapter argues that cognitive neuroscience could provide useful instruments to comprehend some of the factors responsible for the ineffectiveness of the penal systems.

Keywords: cognitive neuroscience; penal systems; crime; judicial statistics; crime rate

Chapter.  4479 words. 

Subjects: Medical and Healthcare Law

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