As cognitive science continues to develop and inform our understanding
of the brain, the opportunities for using neuroscientific evidence in
criminal proceedings have also increased. The study discusses in an
interdisciplinary manner the impact of neuroscience on the debates
related to the concept of free will. It also analyzes how methods and
tools of neuroscience can help in assessing the moral and legal
responsibility of an individual. The study focuses on two major issues,
which are addressed at length from a legal, philosophical and scientific
standpoint. First, it evaluates from a theoretical perspective whether
there is sufficient scientific research to support the idea that free
will or free agency has been challenged by the advancements in
neuroscience. Secondly, it empirically examines the views of judges,
prosecutors and attorneys from three European countries (Austria,
Romania and Slovenia) on the relevance of neuroscientific evidence in
the assignment of criminal responsibility during court proceedings.