Neurointerventions in crime prevention: an ethical analysis
Interventions that act directly on the brain, or ‘neurointerventions’, are increasingly being used or advocated for crime prevention. For instance, drugs that attenuate sexual desire are sometimes used to prevent recidivism in sex offenders, while drug-based treatments for substance abuse have been used to reduce addiction-related offending. Recent scientific developments suggest that the range of neurointerventions capable of preventing criminal offending may eventually expand to include, for example, drugs capable of reducing aggression or enhancing empathy.
In this Wellcome Trust-funded project, we are investigating ethical questions raised by the use of such interventions to prevent criminal offending, focusing particularly on cases where they are imposed on convicted offenders as part of a criminal sentence or as a condition of parole. On the one hand, there seems to be at least some reason to support the use of neurointerventions in this way, since there is a clear need for new means of preventing crime. Traditional means of crime prevention, such as incarceration, are frequently ineffective and can have serious negative side-effects; neurointervention may increasingly seem, and sometimes be, a more effective and humane alternative.
On the other hand, neurointerventions can be highly intrusive and may threaten fundamental human values, such as bodily integrity and freedom of thought. In addition, humanity has a track record of misguided and unwarrantedly coercive use of psychosurgery and other neurotechnological 'solutions' to criminality.
We are deploying philosophical methods and recent thinking on autonomy, coercion, mental integrity and moral liability to answer two over-arching questions
We plan also to examine how our answers to these questions bear on the use of neurointerventions to prevent offending in individuals who have not previously offended, but are thought to be at high risk of doing so.
Thomas Douglas trained in medicine (BMedSc MB ChB, Otago) and philosophy (BA DPhil, Oxford) and is currently a Senior Research Fellow based in the Oxford Uehiro Centre for Practical Ethics and the Faculty of Philosophy, University of Oxford. His research lies in practical and normative ethics and currently focuses on the moral desirability of using medical interventions for non-medical purposes such as cognitive enhancement, behaviour modification, criminal rehabilitation and moral improvement. He has also written on moral worth, compensatory justice, moral status, and reproductive ethics.
David Birks is a Departmental Lecturer in Political Theory at the Department of Politics and International Relations, University of Oxford and an Early Career Research Fellow at the Oxford Research Centre for the Humanities (TORCH). Prior to that, he was a Senior Research Fellow in Legal and Political Philosophy at the University of Kiel. He previously worked on the Neurointerventions in Crime Prevention project, while he was a Junior Fellow in Legal and Political Philosophy at the University of Oxford and a Junior Research Fellow at Kellogg College.
Jonathan Pugh is a Research Fellow in Applied Moral Philosophy. After finishing his DPhil in 2014, he worked on the Neurointerventions in Crime Prevention project until late 2016. His research interests lie primarily in issues concerning personal autonomy in practical ethics, particularly topics pertaining to informed consent. He has also written on the ethics of stem cell research, genetic modification, and conservatism in value theory. In Feb 2017 he began a Wellcome Trust funded project on the ethics of Deep Brain Stimulation.
Hazem Zohny is a Research Fellow in Bioethics and Bioprediction at the Oxford Uehiro Centre for Practical Ethics. His current work focuses on the bioprediction of behaviour and the use of neurointerventions in crime prevention efforts. He has a PhD in Bioethics from the University of Otago, where he worked on ethical and conceptual issues related to human enhancement. His research interests also include moral responsibility, well-being, and global justice.
Gabriel De Marco is a Postdoctoral Research Fellow on the ‘Neurointerventions in Crime Prevention: an Ethical Analysis’ project. His current research focuses on the effect neurointerventions may have on the subject’s autonomy, free will and moral responsibility. He received his PhD in Philosophy from Florida State University, working on questions in free will and moral responsibility.
Lisa is a British Academy Postdoctoral Fellow in the Faculty of Law and (in Philosophy) at Somerville College and the Oxford Uehiro Centre for Practical Ethics. Her main research interests lie in normative and practical ethics, and in the philosophy of medical and criminal law. Her postdoctoral project, ‘Changing One’s Mind: Neurointerventions, Autonomy, and the Law on Consent’, is on medical consent and examines the extent to which English law on consent sufficiently protects morally salient patient interests. Lisa holds a PhD in philosophy and law and an MA in ethics and medical law from King’s College London and a BA in philosophy from Stockholm University. Her doctoral thesis was on the justification for the lawfulness of medical interventions.
Areti Theofilopoulou is a Research and Administrative Assistant working on the Wellcome-Trust funded project 'Neurointerventions in Crime Prevention: An Ethical Analysis'. She is also a DPhil student in Philosophy, affiliated with the Oxford Uehiro Centre for Practical Ethics. Her doctoral research, supervised by Thomas Sinclair and Dominic Wilkinson, is on ‘The Question of Exclusion in Rawlsian Contractualism’. Prior to that, Areti had completed a BA in Philosophy, Politics, and Economics at the University of Warwick, and an MSc in Political Theory at London School of Economics and Political Science.
Douglas T, ‘Is Preventive Detention Morally Worse than Quarantine?’, in JW de Keijser, JV Roberts, and J Ryberg (eds) Predictive Sentencing: Normative and Empirical Perspectives (Hart Publishing, 2019). [publisher website]
Douglas T, ‘Punishing Wrongs from the Distant Past’, Law and Philosophy (forthcoming in print).
Douglas T, 'Enhancement & Desert', Politics, Philosophy & Economics 2019; 18(1): 3-22.
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Zohny H, Douglas T, Savulescu J, ‘Biomarkers for the Rich and Dangerous: Why We Ought to Extend Bioprediction and Bioprevention to White-Collar Crime’, Criminal Law and Philosophy (forthcoming in print).
Douglas T, ‘Nonconsensual Neurocorrectives and Bodily Integrity: A Reply to Shaw and Barn’, Neuroethics 2019; 12(1): 107-118.
Douglas T, Zohny H, ‘The Negative Effects of Neurointerventions: Confusing Constitution and Causation’, AJOB Neuroscience 2018; 9(3): 162-164.
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Douglas T, ‘Criminal Rehabilitation through Medical Intervention: Moral Liability and the Right to Bodily Integrity’, Journal of Ethics 2014; 18(2): 101-122.
Douglas T, Bonte P, Focquaert F, Devolder K, Sterckx S, ‘Coercion, Incarceration and Chemical Castration: An Argument from Autonomy’, Journal of Bioethical Inquiry 2013; 10(3): 395-405.
Douglas T, Enhancing Moral Conformity and Enhancing Moral Worth, Neuroethics 2014; 7(1): 75-91.
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Douglas T, ‘Biased algorithms: here’s a more radical approach to creating fairness’, The Conversation, 21 January 2019.
Zohny H, ‘My Brain Made Me Carry Out a Ponzi Scheme’, Slate, 23 May 2018.
Douglas T, Douglas T, ‘Should a rapist get Viagra or a robber get a cataracts op?’, Aeon, 7 July 2017, .
Douglas T, ‘It’s not always wrong to pay people for their organs’, The Conversation, 8 June 2017, . Reprinted in The Independent 12 July 2017.
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Douglas T, Compulsory chemical castration for sex offenders, Practical Ethics: Ethics in the News 2008.
Douglas T, Interviewed on the ethics of neurointerventions in crime prevention, ‘Nine to Noon’, Radio New Zealand National, aired 19 January 2015.
Douglas T, ‘The Ethics of Morality Altering Drugs’, Radio Interview, CBC Radio (Canada), 21 April 2011.
Douglas T, Refusing to Treat Sexual Dysfunction in Sex Offenders, podcast from the Conscience and Conscientious Objection in Healthcare Conference, 24 November 2015.
Pugh, J, Justifications for Non-Consensual Medical Treatments: From Infectious Disease Control to Criminal Rehabilitation - St Cross Special Ethics Seminar, 12th November 2015.
Douglas T, Dr Tom Douglas defends the chemical castration of sex offenders, video interview on the Practical Ethics YouTube channel, 24 April 2018.
Ballantyne A, Card R, Clarke S, Devolder K, Douglas T, Giubilini A, Kennett J, Milnes S, Minerva F, Mori M, Munthe C, Oakley J, Persson I, Savulescu J, Wilkinson D, Consensus Statement on Conscientious Objection in Healthcare, Practical Ethics: Ethics in the News 2016.