Criminal Minds: Use of Neuroscience as a Defense Skyrockets
Criminal Minds: Use of Neuroscience as a Defense Skyrockets - US News and World Report
Criminal defense lawyers are increasingly using brain scans and other neurological evidence to defend their clients, according to a new study.
Neuroscience advances in recent years haven’t gotten to Minority Report-levels yet, but some scientists believe they can explain—if not predict—criminal activity based on brain scans. The advances have led more lawyers, especially upon appeal, to try to explain their clients’ mental makeup as the reason for their criminal behavior.
According to Duke University researcher Nita Farahany, 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. The actual number of cases in which neuroscience evidence is presented is likely much higher because trial data is notoriously incomplete: Many criminal cases are settled outside of court, and the database that Farahany worked from, Westlaw, doesn’t contain every criminal case.
“Using this tiny little sliver [of data], the number of cases in which the judges discuss neuroscience is increasing,” she told scientists at the Annual Meeting of the International Neuroethics Society last month. “I can’t tell you if that’s because neuroscience is increasing in the courtroom, but I can tell you that judges are talking about it in more opinions and they’re talking about it in much more detail and depth.”