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Authors
Sousa, Maria
Advisor(s)
Abstract(s)
The right against self-incrimination rests on the nemo tenetur se ipsum accusare principle, derived from the presumption of innocence. The possibility to extract information from a person`s body, based on the theory of passive collaboration, as it happens in DNA collection, means that a person is not self-incriminating but merely admitting an intervention. It is one of the most controversial issues among jurists, who are divided between those who allow some, even minimal, restriction on this right and those who do not allow any restriction. The present work seeks to answer two essential questions. Firstly, on the assumption of passive collaboration theory, to understand if it is open the possibility of using new ways of obtaining the knowledge only the suspect or accused (eventually) has. On the other hand, given the international censorship of the polygraph, to study the basis for the use of P300 Wave, as a new form of cognitive evocation, under the idea that someone is not actively collaborating, but merely tolerating an intervention in the body, as it is already applied in the US and Spain.
Description
Keywords
Nemo tenetur se ipsum accusare Presumption of innocence P300 wave
Pedagogical Context
Citation
Sousa, M., & Tavares, D. (2022). P300 wave and the right against self-incrimination: Parallel with the evidence obtained by DNA. International Chair in Bioethics 14th World Conference on Bioethics, Medical Ethics and Health Law Program and Book of Abstracts, 168. https://upbioetica.org/wp-content/uploads/2022/04/Book-of-Abstracts-of-the-International-Chair-in-Bioethics-14th-World-Conference-on-Bioethics-Medical-Ethics-Health-Law.pdf
Publisher
Associação Portuguesa de Bioética FMUP