Where We Might Be Headed

Brain Science for Lawyers, Judges, and Policymakers(2024)

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Abstract
Abstract This chapter examines several possible future intersections of neuroscience and law, organized from most likely to happen soonest to least likely: diagnosing chronic pain, diagnosing legally relevant psychiatric conditions, understanding legally relevant mental states, measuring reasonableness, and lie detection. The chapter discusses why neuroscience will likely play an important role in resolving future forensic disputes over chronic pain and in diagnosing certain mental disorders. It may take longer for neuroscience to reliably distinguish between legally relevant mental states and to provide objective data to inform legal evaluations of reasonableness. The chapter concludes by examining why courts should remain skeptical of the forensic value of EEG and fMRI lie detection techniques.
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