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Mission

The speed of technology in neuroscience as it impacts ethical and just decisions in the legal system needs to be understood by lawyers, judges, public policy makers, and the general public. The Massachusetts General Hospital Center for Law, Brain, and Behavior is an academic and professional resource for the education, research, and understanding of neuroscience and the law. Read more

Brain Imaging for Legal Thinkers: A Guide for the Perplexed

By Owen Jones, Joshua Buckholtz, Jeffrey Schall, and Rene Marois | Stanford Technology Law Review | 2009

Abstract:

It has become increasingly common for brain images to be proffered as evidence in criminal and civil litigation. This Article – the collaborative product of scholars in law and neuroscience – provides three things.

First, it provides the first introduction, specifically for legal thinkers, to brain imaging. It describes in accessible ways the new techniques and methods that the legal system increasingly encounters.

Second, it provides a tutorial on how to read and understand a brain-imaging study. It does this by providing an annotated walk-through of the recently-published work (by three of the authors – Buckholtz, Jones, and Marois) that discovered the brain activity underlying a person’s decisions: a) whether to punish someone; and b) how much to punish. The annotation uses the ‘Comment’ feature of the Word software to supply contextual and step-by-step commentary on what unfamiliar terms mean, how and why brain imaging experiments are designed as they are, and how to interpret the results.

Third, the Article offers some general guidelines about how to avoid misunderstanding brain images in legal contexts and how to identify when others are misusing brain images.

Read the full paper here.