Would Nonconsensual Criminal Neurorehabilitation Express a More Degrading Attitude Towards Offenders Than Consensual Criminal Neurorehabilitation?
: Varelius Jukka
Publisher: Springer
: 2020
Neuroethics
: 1874-5504
DOI: https://doi.org/10.1007/s12152-020-09455-3
: https://link.springer.com/article/10.1007/s12152-020-09455-3
: https://research.utu.fi/converis/portal/detail/Publication/50377576
It has been proposed that reoffending could be reduced by manipulating 
the neural underpinnings of offenders’ criminogenic mental features with
 what have been called neurocorrectives. The legitimacy of such use of 
neurotechnology – criminal neurorehabilitation, as the use is called – 
is usually seen to presuppose valid consent by the offenders subjected 
to it. According to a central criticism of nonconsensual criminal 
neurorehabilitation, nonconsensual use of neurocorrectives would express
 a degrading attitude towards offenders. In this article, I consider 
this criticism of nonconsensual criminal neurorehabilitation. By using 
cases of autonomous persons who lead a subservient existence as an 
example, I propose that nonconsensual criminal neurorehabilitation need 
not express a more degrading attitude towards offenders than consensual 
criminal neurorehabilitation. The argument of this article does not show
 that nonconsensual criminal neurorehabilitation is morally or legally 
acceptable. Yet, in view of the argument, criticizing nonconsensual 
criminal neurorehabilitation for expressing a degrading attitude towards
 offenders is not compatible with simultaneously endorsing consensual 
criminal neurorehabilitation.