Neuroscientific evidence: A criminal justice dream or an adversarial nightmare?

Johnston, Ed; Jasinski, Daniel

Abstract

This exploratory paper seeks to examine the use of neuroscientific evidence in the criminal trial process. Such evidence is not currently employed in the pre-trial or trial stages in England and Wales. However, the first use of polygraph lie detectors during the pre-charge process has recently been trailed by Hertfordshire Police. More advanced techniques such as the BEOS test and the use of fMRI scans have been used in international courtrooms, notably in the USA and India. This paper highlights some of the potential conflict with the ECHR, should England and Wales follows suit. Finally, the use of the techniques in a civil setting and the ramifications for the jury trial are also discussed.

Citation

Johnston, E., & Jasinski, D. (2013). Neuroscientific evidence: A criminal justice dream or an adversarial nightmare?. International Journal of Liability and Scientific Enquiry, 6(4), 193-205. https://doi.org/10.1504/IJLSE.2013.060843

• Journal Article Type: Article
• Acceptance Date: Sep 1, 2013
• Publication Date: Jan 1, 2013
• Deposit Date: Feb 24, 2016
• Journal: International Journal of Liability and Scientific Enquiry
• Print ISSN: 1741-6426
• Publisher: Inderscience
• Peer Reviewed: Peer Reviewed
• Volume: 6
• Issue: 4
• Pages: 193-205
• DOI: https://doi.org/10.1504/IJLSE.2013.060843
• Keywords: neuroscience, criminal procedure, fair trial rights, defence lawyers, lie detector, polygraph, fMRI
• Public URL: https://uwe-repository.worktribe.com/output/938745
• Publisher URL: http://dx.doi.org/10.1504/IJLSE.2013.060843