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Murder in the CourtroomThe Cognitive Neuroscience of Violence$
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Brigitte Vallabhajosula

Print publication date: 2015

Print ISBN-13: 9780199995721

Published to Oxford Scholarship Online: January 2015

DOI: 10.1093/acprof:oso/9780199995721.001.0001

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The Admissibility of Scientific Evidence

The Admissibility of Scientific Evidence

Chapter:
(p.140) 7 The Admissibility of Scientific Evidence
Source:
Murder in the Courtroom
Author(s):

Brigitte Vallabhajosula

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199995721.003.0007

Although the reality of brain impairment and its effect on judgment is well accepted in the scientific community, how brain dysfunction may have contributed to a particular criminal offense may be open to challenges, particularly with respect to neuroimaging and neuropsychological test results. Clearly if judges and juries seek to rely on brain images and neuropsychological tests to assist them in making, for example, culpability determinations, conclusions based in part or in full on neuroscience evidence must meet pertinent legal standards for the admissibility of scientific evidence. To that end, there are a number of legal rules and guidelines that assist courts in their admissibility determinations (e.g. Federal Rules of Evidence [FRE] 401, 403, 702, Frye General Acceptance Test, Daubert v. Merrell Dow Pharmaceuticals, Inc. [1993], General Electric Co. v. Joiner [1997], and Kumho Tire Company, Ltd. v. Carmichael [1999]).

Keywords:   FRE 401, FRE 403, FRE 702, Frye, Daubert, Joiner, Kumho, scientific evidence

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