Challenges of the Application of Emerging Neuroscience Technologies in Courts

Hassan  Bakhtiary; Shahriar  Eslamitabar; Shirin  Shiarzian; Ehsan   Lame

doi:10.18502/ajmb.v18i1.21043

Hassan Bakhtiary Department of Neurosciences, Zanjan University of Medical Sciences, Zanjan, Iran
Shahriar Eslamitabar Department of Health Law, Smart University of Medical Sciences (SMUMS), Tehran, Iran
Shirin Shiarzian Department of Law, Sciences and Researches Branches of Azad University, Tehran, Iran
Ehsan Lame Department of International Law, Najafabad Branch of Islamic Azad University, Isfahan, Iran

DOI: https://doi.org/10.18502/ajmb.v18i1.21043

Keywords: Algorithms, Artificial intelligence, Criminal law, Deep learning, Developed countries, Criminals, Mental disorders, Functional neuroimaging

Abstract

Significant advances in neuroscience have improved the ability of physicians to diagnose and manage neurological and psychiatric disorders in patients. The use of neuroscience evidence in criminal trials in developed countries has increased significantly in the last two decades. This rapid increase has raised questions among the legal and scientific communities about the effects that these technologies can have on judicial decision-makers. The role of neuroscience in criminal liability is a topic that has been discussed in recent years. The purpose of this article is to review the use of neuroscience evidence in the criminal justice system, as well as current research examining the effects of neuroscience evidence on judicial decision-makers in criminal cases. This review is warranted given legal and scientific concerns about the impact of potential bias. The present study was conducted and analyzed using a documentary method and with reference to research published in the last four years. Some argue that neuroscience is irrelevant in the criminal court, while others believe that it can help prove the lack of control of behavior by many criminals. However, the truth is likely somewhere in between, as certain types of neuroscience evidence may be useful and relevant in criminal trials. This article describes recent advances in neuroscience in the fields of functional neuroimaging and artificial intelligence "deep learning" algorithms, and examines the legal and ethical challenges and potential benefits and drawbacks.