Neuroscience informed risk assessment and management in forensic mental healthcare: a qualitative analysis of ethical and legal challenges and practice-oriented recommendations

Risk assessment for determining the risk for recidivism in offenders, is a core task within forensic mental healthcare. While current tools predict recidivism with 65–75% accuracy, emerging research suggests that neurobiological factors may enhance predictive validity and aid in treatment response and risk management. Yet, translation into forensic mental health practice stays limited. This study explores the ethical and legal considerations of integrating neurotechnology, specifically neuroprediction and neuromodulation, into forensic mental healthcare. A structured conceptual frameworkis provided as input for the qualitative focus group study ( N = 16) involving professionals and experts by experience. The focus groups revealed a complex interplay between human rights, normative principles, and practical concerns. Key themes include mental integrity, privacy, stigmatization, and informed consent. Participants emphasized the need for contextual interpretation of neural data and transparent communication with clients when neurotechnology, including neural data is used. The findings support cautious optimism for the role of neurotechnology in forensic care, contingent on further research and interdisciplinary dialogue.