A New Frontier of Criminal Justice System

Today we know that the propensity to crime and violence is not only the effect of morphological, psychological and social factors, as believed Lombroso, Garofalo and Ferri, influential members of the Positive School in Italy. The tendency to crime is the product of many components, also biological and genetic roots. To say this thing is Adrian Raine, an eminent psychiatrist and criminologist English, who seeks to recover and reinterpret Lombroso, but especially opens a whole new frontier: the neurocriminology. The idea was to try the basics of anti-social behavior in the folds of the brain, using neuroscience and high tech, until you get to predict the propensity to crime, crossing genetic parameters, biological, but also social. We are currently faced, therefore, with a dilemma that is not easy to solve. It is impossible to think that man’s actions are completely dominated by the fatality of destiny ˗ and that, therefore, the offender is an irresponsible ˗ but it is no longer possible refer to the good old concept of “free will” and believe that he is a “subject” in a strong sense, completely free to choose between good and evil. The presence in the courts of neuroscientists and the individualization of punitive sanctions: these are now the most urgent problems that arise in the field of criminal law.