Jane Campbell Moriarty (Duquesne University - School of Law) has published "Neuroimaging Evidence in US Courts" on SSRN. Here is the abstract:
This chapter provides a detailed consideration of neuroscience and neuroimaging evidence in federal and state courts of the United States. The chapter addresses evidence admitted in courts, analyzes where courts have excluded or limited certain types of evidence, and addresses problematic aspects of neuroscience evidence. It also considers the potential ways in which neuroscience has been affecting legal policy and evidentiary decisions.The chapter first provides an overview of neuroimaging modalities that have been the subject of legal discussion. Additionally, it explains U.S. Evidence law, addressing the relevant rules of evidence and the critical cases that shape evidentiary policy. Substantively, it reviews a variety of criminal and, to a lesser extent, civil matters related to neuroscience and neuroimaging. With respect to criminal law, the chapter explores questions of legal competency, insanity and legal responsibility, sentencing, psychopathy, claims of ineffective assistance of counsel, and neuroscience lie detection. In addition, the chapter examines the special role that neuroscience has played in the development of juvenile sentencing law. The civil section addresses neuroimaging in relationship to traumatic brain injury. Throughout, the chapter considers some of the overarching concerns and potential promises about neuroimaging evidence.
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