Neuroenhancement, the Criminal Justice System, and the Problem of Alienation

It has been suggested that neuroenhancements could be used to improve the abilities of criminal justice authorities. Judges could be made more able to make adequately informed and unbiased decisions, for example. Yet, while such a prospect appears appealing, the views of neuroenhanced criminal justice authorities could also be alien to the unenhanced public. This could compromise the legitimacy and functioning of the criminal justice system. In this article, I assess possible solutions to this problem. I maintain that none of them qualifies as a satisfactory general solution to it, a solution that could reasonably be taken to solve the problem or to suffice for dealing with it in at least most cases. Yet I also suggest that, depending on contingent empirical circumstances, the responses - either singly or together - can sometimes amount to a sufficient answer to it.