Criminal Law and the Evolving Technological Understanding of Behaviour

Claydon, Lisa (2017). Criminal Law and the Evolving Technological Understanding of Behaviour. In: Brownsword, Roger; Scottford, Eloise and Yeung, Karen eds. The Oxford Handbook of Law, Regulation and Technology. Oxford Handbooks Online. Oxford: Oxford University Press.

DOI: https://doi.org/10.1093/oxfordhb/9780199680832.013.13

Abstract

This chapter examines the claims made by science and technology that have impacted upon criminal law. It looks at issues of legitimacy in criminal law and in particular at claims based upon new scientific and technological explanations of human behaviour. It considers how the criminal law has responded to these challenges. It considers whether there are areas of the criminal law where a greater understanding of the relevant science would assist the criminal justice system. It also looks at the present legal approaches to those issues and considers how the Criminal Procedure Rules 2015 may provide a framework for the courts when dealing with science and technology.

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