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Free Will, Responsibility, and the Punishment of Criminals

In Thomas A. Nadelhoffer (ed.), The Future of Punishment. , US: Oxford University Press USA. pp. 247 (2013)

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  1. Mandatory neurotechnological treatment: ethical issues.Farah Focquaert - 2014 - Theoretical Medicine and Bioethics 35 (1):59-72.
    What if neurofeedback or other types of neurotechnological treatment, by itself or in combination with behavioral treatment, could achieve a successful “rewiring” of the psychopath’s brain? Imagine that such treatments exist and that they provide a better long-term risk-minimizing strategy compared to imprisonment. Would it be ethical to offer such treatments as a condition of probation, parole, or prison release? In this paper, I argue that it can be ethical to offer effective, non-invasive neurotechnological treatments to offenders as a condition (...)
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  • Psychopathy: Neurohype and Its Consequences.Jarkko Jalava & Stephanie Griffiths - 2021 - In Luca Malatesti, John McMillan & Predrag Šustar (eds.), Psychopathy: Its Uses, Validity and Status. Cham: Springer. pp. 79-98.
    Many argue that psychopaths suffer from a stable pattern of neurobiological dysfunctions that should be taken into account in sentencing and treatment decisions. These arguments are compelling only if the neuroimaging data are consistent. It is possible that such consistency is created by reviewers who ignore contradictory findings. To evaluate this, we examined how accurately forensic literature reported neuroimaging findings on psychopaths in a theoretically central structure – the amygdala. We found that forensic commentators consistently under-reported null-findings, creating a misleading (...)
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  • Skepticism About Moral Responsibility.Gregg D. Caruso - 2018 - Stanford Encyclopedia of Philosophy (2018):1-81.
    Skepticism about moral responsibility, or what is more commonly referred to as moral responsibility skepticism, refers to a family of views that all take seriously the possibility that human beings are never morally responsible for their actions in a particular but pervasive sense. This sense is typically set apart by the notion of basic desert and is defined in terms of the control in action needed for an agent to be truly deserving of blame and praise. Some moral responsibility skeptics (...)
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  • Determinism, Moral Responsibility and Retribution.Elizabeth Shaw & Robert Blakey - 2019 - Neuroethics 13 (1):99-113.
    In this article, we will identify two issues that deserve greater attention from those researching lay people’s attitudes to moral responsibility and determinism. The first issue concerns whether people interpret the term “moral responsibility” in a retributive way and whether they are motivated to hold offenders responsible for pre-determined behaviour by considerations other than retributivism, e.g. the desires to condemn the action and to protect society. The second issue concerns whether explicitly rejecting moral responsibility and retributivism, after reading about determinism, (...)
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  • Beyond Moral Responsibility to a System that Works.Bruce N. Waller - 2020 - Neuroethics 13 (1):5-12.
    Moving beyond the retributive system requires clearing away some of the basic assumptions that form the foundation of that system: most importantly, the assumption of moral responsibility, which is held in place by deep and destructive belief in a just world. Efforts to justify moral responsibility typically appeal to some version of self-making, and that appeal is only plausible through limits on inquiry. Eliminating moral responsibility removes a major impediment to deeper inquiry and understanding of the biological, social, and environmental (...)
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