Vulnerable defendants: Redefining decision making through the lenses of neuroscience, law and artificial intelligence

Conversations about the interactions between neuroscience and law have so far been predominantly focused on the role that neuroscientific evidence can play in determining legal outcomes for defendants – namely vulnerable defendants. In this chapter, we propose an inversion of these conversations in which the focus is no longer the system itself, but rather, its composing parts and their interactions. This chapter will aim to reframe the issue of neuroscience and law in light of the challenges that vulnerable defendants pose to the legal system, their repercussions on decision-making processes, and the demand for new solutions for decision-making in cases involving vulnerable defendants that may be advanced by new technologies. We will begin by defining and outlining the logistic and realist approaches to understanding legal frameworks, followed by a discussion of factors that can influence decision-making more generally and particularly factors that may influence decision-making in cases of vulnerable defendants. From this discussion, we propose the potential introduction of new technologies into the legal system and consider what and how new technologies, especially artificial intelligence (AI), may function or play important roles within the legal system and its frameworks moving forward. We ultimately recommend areas for future research by offering suggestions for interdisciplinary exploration across the fields of technology, neuroscience, and law.