A Breakdown of the Use and Application of Brain Imaging in a Legal Context
Rushing, S. E. (2014). The Admissibility of Brain Scans in Criminal Trials: The Case of Positron Emission Tomography. Court Review, 50. Retrieved from https://neuroethics.upenn.edu/wp-content/uploads/2013/08/CR50-2Rushing.pdf
In her article “The Admissibility of Brain Scans in Criminal Trials: The Case of Positron Emission Tomography” Susan Rushing discusses the admissibility of brain scans as evidence, specifically focusing on PET (positron emission tomography) scans. The author begins by explaining the inner workings of PET scans and then discusses the admissibility of this type of scan in each portion of criminal proceedings, from pretrial to the guilt phase. The author asserts that the mental capacity and brain function of criminals is very important in each phase of criminal proceedings, and that brain imaging can be very insightful evidence if used appropriately and relevantly. Rushing’s tone assumes an audience who might be educated in law but may only have a basic understanding of neuroscience.
Somers, B. (2016). Neuroimaging Evidence: A Solution to the Problem of Proving Pain and Suffering? Seattle University Law Review, 39(4). Retrieved from https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=2353&context=sulr
In his article “Neuroimaging Evidence: A Solution to the Problem of Proving Pain and Suffering?”, Brady Somers discusses the potential of neuroimaging in assisting to give a physical representation of abstract legal concepts such as pain and suffering. His purpose is not only to discuss how neuroimaging can be used in court, but to also show discrepancies in its admissibility and future implications. Somers begins by giving basic information about the different types of neuroimaging and how each of them work, and then explains how they could apply to this situation specifically. Somers’ article is aimed at assisting legal laymen in understanding neuroscience and the way it can be applied in legal proceedings.
Tigano, V., Cascini, G. L., Sanchez-Castañeda, C., Péran, P., & Sabatini, U. (2019, April 8). Neuroimaging and Neurolaw: Drawing the Future of Aging. Retrieved from https://www.frontiersin.org/articles/10.3389/fendo.2019.00217/full
In their article “Neuroimaging and Neurolaw: Drawing the Future of Aging”, the researchers explain how neuroimaging can be used in civil proceedings regarding the mental capacity of the elderly. The article begins by giving an introduction neuroimaging and cognitive aging followed by an explanation of how neuroimaging can be applied to civil cases involving the elderly. The authors assert that neuroimaging can be a useful tool in these types of cases through examples of both preventative measures and post-crime efforts. The intended audience of this piece is people within the legal world, as this serves as an insight to a newer aspect of the legal realm.
Jun, J., & Yoo, S. (2018, March 1). Three Research Strategies of Neuroscience and the Future of Legal Imaging Evidence. Retrieved from https://www.frontiersin.org/articles/10.3389/fnins.2018.00120/full
In their article “Three Research Strategies of Neuroscience and the Future of Legal Imaging Evidence”, Jinkwon Jun and Soyoung Yoo explain the research strategies that are being used to improve the field of neuroscience and therefore increase the reliability and admissibility of neuroscientific imaging evidence (NIE). The authors show the different ways that neuroscience can be researched specifically in relation to the legal field. Their purpose is to demonstrate what is currently being studied, and how it is currently being studied, in order to educate others in their field. The article is aimed towards scholars in the field of neuroscience as well as those in the legal field.
Liu, C. T. (2015). Scanning the evidence: The evidentiary admissibility of expert witness testimony on MRI brain scans in civil cases in the post-Daubert era. NYU Annual Survey of American Law, 70. Retrieved from https://annualsurveyofamericanlaw.org/wp-content/uploads/2016/02/70-4_liu.pdf
In her article “Scanning the Evidence”, Christina Liu explains the admissibility of brain scans in civil cases under the Daubert standard. The author starts with an explanation of MRI technology and evidentiary requirements, and then moves into a discussion of research, relevant cases, and how this type of evidence is handled under the Daubert standard. Her purpose is to demonstrate evidentiary admissibility of brain scans through a breakdown of each portion of the Daubert standard through civil cases studies involving expert testimony on brain imaging. The intended audience of this piece is people within the legal world, as the journal is an annual update of legal happenings within the United States.
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