Brain Images as Evidence in the Criminal Law

Adina L. Roskies and Walter Sinnott-Armstrong

in Law and Neuroscience

Published in print February 2011 | ISBN: 9780199599844
Published online May 2011 | e-ISBN: 9780191725227 | DOI:

Series: Current Legal Issues

Brain Images as Evidence in the Criminal Law

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This chapter examines the value of brain images as evidence in the criminal law, specifically of the US. Do they pass muster under the Federal Rules of Evidence? It concludes that brain images are as confusing and misleading in trials as in reported experiments, that their ‘moderate dangers’ outweigh their minimal probative value. Thus, they fail the balancing test in FRE 403 and should not be admitted into trials.

Keywords: brain imaging; criminal law; Federal Rules of Evidence; trials

Chapter.  8484 words.  Illustrated.

Subjects: Medical and Healthcare Law

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