Is There Anything Wrong With Using AI Implantable Brain Devices to Prevent Convicted Offenders from Reoffending?

The world’s first clinical trial using invasive ‘intelligent’ brain devices has been completed with significant success. The tested devices predict a specific neuronal event (epileptic seizure) allowing people implanted with the device to be forewarned and to take steps to reduce or avoid the impact of the event. In principle, these kinds of devices could be used to predict other neuronal events and allow those implanted with the device to take precautionary steps or to automate drug delivery so as to avoid unwanted outcomes. This chapter examines moral issues arising from the hypothetical situation where such devices are used to ensure that convicted criminal offenders are safe for release into society. We distinguish two types of predictive technologies: advisory systems and automated therapeutic response systems. The purpose of this chapter is to determine which of these two technologies would generate fewer ethical concerns. While both technologies present similar ethical issues, the latter raises more concerns. In particular it raises the possibility that individual moral decision-making and moral autonomy can be threatened by the use of such implants.