‘Screen and intervene’: governing risky brains

This article argues that a new diagram is emerging in the criminal justice system as it encounters developments in the neurosciences. This does not take the form that concerns many "neuroethicists" -- it does not entail a challenge to doctrines of free will and the notion of the autonomous legal subject -- but is developing around the themes of susceptibility, risk, pre-emption and precaution. I term this diagram "screen and intervene" and in this article I attempt to trace out this new configuration and consider some of the consequences.