"Neuroscientific Evidence in Context" by Denno

Deborah W. Denno (Fordham University School of Law) has published: "Neuroscientific Evidence in Context" on SSRN: Here is the abstract: 

This essay is an invited response to Professor Jane Moriarty’s LAW AND MIND book chapter, which examines how U.S. courts use neuroimaging, primarily in criminal law. While Professor Moriarty provides an excellent analysis of neuroimaging tests, this commentary seeks to add a broader context to her arguments, noting that neuroimaging is one small component of a more extensive role that neuroscientific evidence holds within the criminal justice system. There is no one-size-fits-all takeaway for assessing the many different types of neuroscientific techniques with such varying evidentiary standards in play. This commentary first briefly overviews the scientific and historical development of the different kinds of neuroscientific evidence, emphasizing in particular American psychiatry’s shift from psychoanalysis to clinical research. Next, the discussion focuses on the challenges that can arise when deciphering the influences of such evidence in the more encompassing framework of a criminal case involving numerous variables. While experts have raised concerns about the reliability and validity of various neuroscientific tests, this commentary recommends incorporating a range of different types of neuroscientific evidence into assessments of an individual’s brain and behavioral disorders. For example, introducing both neuroimaging and non-neuroimaging techniques in the courtroom would enhance efforts to support or refute arguments raised by either the prosecution or the defense. In essence, neuroimaging can be invaluable for attorneys when they use it correctly and with other neuroscientific measures.