Neuroscience and Law. The judge’s emotional decision in the judicial process

Abstract

Every judicial decision must be supported by the guarantee of impartiality, therefore this decision should be covered by a rational justification by the judge, nevertheless we noticed that this decision is driven by emotions, an aspect that can only be presented through a Neuroscientific perspective. In this paper, as far as possible, proposals will be formulated with the aim of achieving, impartiality in judicial decisions, one of them related to the control of the emotions by manipulating the context in which they arise —motional education— and the other is to design a procedural technique in the process, considering an investigating judge and a sentencing judge.