Fordham Law Review Volume 85 Issue 2 Article 3 2016 Neuroscience and Criminal Law: Have We Been Getting It Wrong for Centuries and Where Do We Go from Here? Elizabeth Bennett British Columbia Court of Appeal Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Criminal Law Commons, Criminal Procedure Commons, and the Law and Psychology Commons Recommended Citation Elizabeth Bennett, Neuroscience and Criminal Law: Have We Been Getting It Wrong for Centuries and Where Do We Go from Here?, 85 Fordham L. Rev. 437 (2016). Available at: https://ir.lawnet.fordham.edu/flr/vol85/iss2/3 This Symposium is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact
[email protected]. NEUROSCIENCE AND CRIMINAL LAW: HAVE WE BEEN GETTING IT WRONG FOR CENTURIES AND WHERE DO WE GO FROM HERE? Elizabeth Bennett* INTRODUCTION Moral responsibility is the foundation of criminal law. Will the rapid developments in neuroscience and brain imaging crack that foundation—or, perhaps, shatter it completely? Although many scholars have opined on the subject, as far as I have discovered, few come from a front-line perspective. The concept of English (now Anglo-American) criminal law has evolved slowly but surely over the past one thousand years. It has responded, in part, to knowledge of the human condition and,