探讨神经科学研究对法律环境中成瘾问题的重要性：对美国刑事司法专业学生和德国法律专业人士的调查

IF 2.1 Q1 CRIMINOLOGY & PENOLOGY Journal of Criminal Psychology Pub Date : 2024-02-26 DOI:10.1108/jcp-11-2023-0071

Doris Ochterbeck, Colleen M. Berryessa, Sarah Forberger

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引用次数: 0

摘要

目的有关成瘾的神经科学研究促使了从道德到医学理解的范式转变--这对法律专业人员与成瘾者的互动以及围绕成瘾者的决策产生了重大影响。本研究补充了之前关于美国辩护律师对成瘾的理解的研究，从另外两个角度进行了调查：美国潜在的 "下一代 "法律专业人士（刑事司法专业本科生）和来自其他系统（德国）的法律专业人士。本文旨在评估他们对成瘾的脑部疾病模型、这一模型的主导地位和相关性、受影响者的责任以及首选信息来源的看法。研究结果美国学生对成瘾的神经科学研究成果以及成瘾是一种脑部疾病的看法与他们未来可能从事的工作的相关性明显高于德国法律专业人士。不过，两个样本中的大多数人都认为成瘾是一种脑部疾病，受影响者应对自己的状况和行为负责。两组人最常使用的信息来源都是法律学术期刊上的出版物。法律学术期刊在将成瘾研究成果转化为法律实践方面似乎发挥着主要作用。

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Exploring the perceived importance of neuroscientific research on addictions in legal contexts: a survey of US criminal justice students and German legal professionals

Purpose

Neuroscientific research on addictions has prompted a paradigm shift from a moral to a medical understanding – with substantial implications for legal professionals’ interactions with and decision-making surrounding individuals with addiction. This study complements prior work on US defense attorney’s understandings of addiction by investigating two further perspectives: the potential “next generation” of legal professionals in the USA (criminal justice undergraduates) and legal professionals from another system (Germany). This paper aims to assess their views on the brain disease model of addiction, dominance and relevance of this model, the responsibility of affected persons and preferred sources of information.

Design/methodology/approach

Views of 74 US criminal justice undergraduate students and 74 German legal professionals were assessed using Likert scales and open-ended questions in an online survey.

Findings

Neuroscientific research findings on addictions and views that addiction is a brain disease were rated as significantly more relevant by American students to their potential future work than by German legal professionals. However, a majority of both samples agreed that addiction is a brain disease and that those affected are responsible for their condition and actions. Sources of information most frequently used by both groups were publications in legal academic journals.

Practical implications

In the USA, information for legal professionals needs to be expanded and integrated into the education of its “next generation,” while in Germany it needs to be developed and promoted. Legal academic journals appear to play a primary role in the transfer of research on addiction into legal practice.