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It is a type of defense that is seen more often in movies and television shows than in real life, but these days, lawyers are increasingly using brain scans and other neurological evidence to defend their clients, a study reveals.
Duke University researcher Nita Farahany asserts that the number of cases in which judges have mentioned neuroscience evidence in their opinion increased from 112 in 2007 to more than 1,500 in 2011. Farahany believes that the actual number of cases in which neuroscience evidence is presented is likely much higher as many lawsuits are settled outside of court.
Some scientists believe that neuroscience can explain—if not predict—criminal activity based on brain scans. Neurocience—the science of the brain and how it works—is taking the stand and beginning to challenge society’s notion on crime and punishment.
Image source: ncdistrictattorney.org
The advances in science have put on center stage new technologies, like structural and functional magnetic resonance imaging (MRI), positron emission tomography (PET) scans, and DNA analysis which criminal defense lawyers use to explain their client’s mental makeup as the reason for their criminal behavior.
A series of recent studies has established that psychopathic rapists and murderers have distinct brain structures that show up when their heads are scanned using MRI.
The new technologies, however, leave unanswered the issue of whether criminal courts are the right place to use this new information. Nevertheless, as science continues to improve, neuroscience will continue to be used by both criminal attorneys and prosecutors. And questions, such as to what degree a brain injury can make someone commit a crime, will only become harder to answer.
Image source: stanford.edu
Atty. Craig Seldin has several years of experience in criminal defense. This website provides more information about his practice.
