An empirical study of the use of neuroscience in sentencing in New South Wales, Australia

While neuroscience has been used in Australian courts for the past 40 years, no systematic empirical study has been conducted into how neuroscientific evidence is used in courts. This study provides a systematic review on how neuroscientific evidence is considered in sentencing decisions of New Sout...

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Main Author: Armin Alimardani
Format: Article
Language:English
Published: Frontiers Media S.A. 2023-08-01
Series:Frontiers in Psychology
Subjects:
Online Access:https://www.frontiersin.org/articles/10.3389/fpsyg.2023.1228354/full
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author Armin Alimardani
author_facet Armin Alimardani
author_sort Armin Alimardani
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description While neuroscience has been used in Australian courts for the past 40 years, no systematic empirical study has been conducted into how neuroscientific evidence is used in courts. This study provides a systematic review on how neuroscientific evidence is considered in sentencing decisions of New South Wales criminal courts. A comprehensive and systematic search was conducted on three databases. From this search, 331 relevant sentencing decisions before 2016 that discussed neuroscientific evidence were examined. The findings of this study suggest that neuroscientific evidence appeared to contribute to sentencing decisions in less than half of the cases examined; and in the majority of these, it supported a more lenient sentence.
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spelling doaj.art-5247279caee740c08267603a50351ee72023-08-22T10:02:14ZengFrontiers Media S.A.Frontiers in Psychology1664-10782023-08-011410.3389/fpsyg.2023.12283541228354An empirical study of the use of neuroscience in sentencing in New South Wales, AustraliaArmin AlimardaniWhile neuroscience has been used in Australian courts for the past 40 years, no systematic empirical study has been conducted into how neuroscientific evidence is used in courts. This study provides a systematic review on how neuroscientific evidence is considered in sentencing decisions of New South Wales criminal courts. A comprehensive and systematic search was conducted on three databases. From this search, 331 relevant sentencing decisions before 2016 that discussed neuroscientific evidence were examined. The findings of this study suggest that neuroscientific evidence appeared to contribute to sentencing decisions in less than half of the cases examined; and in the majority of these, it supported a more lenient sentence.https://www.frontiersin.org/articles/10.3389/fpsyg.2023.1228354/fullneurolawcriminal lawneurosciencebiosciencestechnologycriminal justice
spellingShingle Armin Alimardani
An empirical study of the use of neuroscience in sentencing in New South Wales, Australia
Frontiers in Psychology
neurolaw
criminal law
neuroscience
biosciences
technology
criminal justice
title An empirical study of the use of neuroscience in sentencing in New South Wales, Australia
title_full An empirical study of the use of neuroscience in sentencing in New South Wales, Australia
title_fullStr An empirical study of the use of neuroscience in sentencing in New South Wales, Australia
title_full_unstemmed An empirical study of the use of neuroscience in sentencing in New South Wales, Australia
title_short An empirical study of the use of neuroscience in sentencing in New South Wales, Australia
title_sort empirical study of the use of neuroscience in sentencing in new south wales australia
topic neurolaw
criminal law
neuroscience
biosciences
technology
criminal justice
url https://www.frontiersin.org/articles/10.3389/fpsyg.2023.1228354/full
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