Loss of free will in the Iranian criminal justice system: Interdisciplinary analysis of law and neuroscience

ABSTRACT

Today, with the development of neuroscience and the discovery of new secrets of the brain, the social sciences, including law, have made significant progress with the help of new findings in this science. One of the significant applications of neuroscience in modern criminal law is the explanation of the neurological dimensions of human free will, which in addition to creating a profound and scientific approach to the definition of this important element of criminal responsibility, can help ascertain the loss of free will causes. To this end, the present study is an attempt to answer this question in the context of the Iranian criminal justice system: What are the core causes of the loss of free will from the perspective of neurolaw? The paper strives to take an appropriate step toward the development of criminal justice. In this study, we found that mental disorders, coercion, drunkenness, somnambulism, and error are the core causes that can be assessed in particular ways using EEG and fMRI techniques, however, each with limitations.

KEYWORDS:

• Neurolaw
• loss of free will
• lack of mental health
• coercion
• unconsciousness
• error

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

¹ Cesare Bonesana (1738–1728)

² Jean-Jacques Rousseau (1712–1778)

³ Charles de Montesquieu (1689–1755)

⁴ Article 151, IPC.

⁵ Article 154, IPC.

⁶ Article 153, IPC.

⁷ In ICJS, “certainty” seems to be a relatively high standard for judicial decision-making; however, it has no clear definition or determined level and crucially links to the judge’s discretion.

⁸ Articles 18(a) and 38(c), IPC.

Additional information

Funding

The author(s) reported there is no funding associated with the work featured in this article.