An Iterative Rosetta Stone for the Consideration and Application of Neuroscience and Neurotechnology in Legal Contexts

摘要

Through the use of ever-advancing techniques and technology (e.g., new methods and tools in neurogenetics, functional magnetic resonance imaging [fMRI], diffusion tensor imaging [DTI], magnetoencephalography [MEG], etc.), neuroscientific information continues to be advocated for potential utility in various aspects of law. If valid, such neuroscientific and technological (neuroS/T) approachesmay be useful to provide evidence that is of meaningful legal value. However, the use of such neuroS/T is impeded by failure to satisfy legal admissibility thresholds (i.e., Daubert). Further, retrospective, casuistic methods of adjudication appear to be at odds with the need for progressive applications and/or responses to neuroS/T.Moreover, lawyers and judges will be more frequently called upon to discern effective standard(s) of "reliability" with regard to an expanding palette of neuroS/T approaches.