Applications of Forensic Neuroscience and the Law

Forensic neuroscience is used in criminal trials to try to provide evidence on the state of the defendant's mind, which may be relevant to findings of culpability and competence. Forensic neuroscience can be of two types: neuroimaging evidence, and non-neuroimaging techniques such as neuropsychological testing and assessment. This chapter examines the types of forensic neuroscience and neurotechnologies that have been used in criminal cases to date. It summarizes the overall trends on the use of forensic neuroscience in criminal cases, and the success rate of such attempts in the various stages of a criminal trial. The chapter focuses on the reliability and admissibility of forensic neuroscience and neurotechnologies in criminal cases. It discusses the critical issue in much of the case law, which is examining the significance and relevance of neurotechnology evidence for the various stages of a criminal trial, including the guilt phase, sentencing or mitigation phase, and competency determinations.