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Law and NeuroscienceCurrent Legal Issues Volume 13$
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Michael Freeman

Print publication date: 2011

Print ISBN-13: 9780199599844

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199599844.001.0001

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Brain Images as Evidence in the Criminal Law

Brain Images as Evidence in the Criminal Law

Chapter:
(p.97) 7 Brain Images as Evidence in the Criminal Law
Source:
Law and Neuroscience
Author(s):

Adina L. Roskies (Contributor Webpage)

Walter Sinnott-Armstrong (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199599844.003.0007

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

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