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19 - Neuroscientific Evidence in Context

from IV - Evidence

Published online by Cambridge University Press:  21 April 2021

By
Deborah W. Denno
Edited by
Bartosz Brożek ,
Jaap Hage  and
Nicole Vincent
Bartosz Brożek
Affiliation:
Jagiellonian University, Krakow
Jaap Hage
Affiliation:
Universiteit Maastricht, Netherlands
Nicole Vincent
Affiliation:
Macquarie University, Sydney
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Summary

In her commentary on Moriarty’s contribution about neuroscientific evidence, Denno examines the scientific environment in which neuroscientific evidence took hold, as well as the complexities that can arise when attempting to decipher the influence of such evidence in the much broader framework of a criminal case that involves hundreds of factors, with neuroimaging tests simply being one component. In this connection, she first discusses the conceptual distance between the evidence that neurosciences can contribute and the legal question that need to be answered. Second, she addresses the historical development of the use of neuroscientific evidence. The comments are concluded by a brief discussion of the different evidentiary standards and their influence on the usability of neuroscientific evidence.

Type
Chapter
Information
Law and Mind
A Survey of Law and the Cognitive Sciences
 , pp. 412 - 420
Publisher: Cambridge University Press
Print publication year: 2021

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References

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