This paper presents a potential solution to the problem of insufficient witness testimonies leading to wrongful sentencing. Wrongful sentencing is largely caused by the inability of key witnesses to recall the correct sequence of events, due to the fallible nature of human memory. The assignment sets out from the main thesis that modifying the memory of eyewitnesses is ethically justified due to the prospect of facilitating more rightful convictions, as well as protecting the innocent from being wrongfully condemned. Based on the concrete neurological technique of Transcranial Magnetic Stimulation (TMS), the study defends the hypothesis that voluntary memory enhancement of eyewitnesses is ethically justifiable. The paper then discusses the possibility of making memory enhancement involuntary for all eyewitnesses. The study concludes that involuntary memory enhancement cannot be unanimously justified, due to the violation of the fundamental right of the individual to maintain control over one’s body, as well as the practical risk of potential eyewitnesses not coming forward due to fear of the procedure. The paper recommends implementing voluntary memory enhancement of eyewitnesses, thereby preserving the fundamental rights of the individual as well as improving the rule of law.
|Uddannelser||Filosofi og Videnskabsteori, (Bachelor/kandidatuddannelse) Bachelor el. kandidat|
|Udgivelsesdato||7 jan. 2014|