Advances in Neuroscience and Evidentiary Value of Brain Mapping: A Legal Debate

The Indian Journal of Criminology & Criminalistics, Vol.29, No.1, 2008

Posted: 18 Jan 2010

See all articles by Surya Mani Tripathi

Surya Mani Tripathi

International Crops Research Institute for Semi-Arid Tropics

Date Written: January 14, 2010

Abstract

The last decade has seen remarkable process in understanding ongoing psychological processes at the neurobiological level, progress that has been driven technologically by the spread of functional neuroimaging devices, especially magnetic resonance imaging, that have become the research tools of a theoretically sophisticated cognitive neuroscience but these processes not yet satisfied the foundational requirements for the admissibility of scientific evidence.

Advances in neuroscience seem likely to cause major changes in our society in the next few decades, for better and for worse. And when society changes, the law must change - whether to guide those social changes or merely to respond to them. This article attempts to provide a rough sketch of the concept of neurological tests, its process, its legal aspects and recent position in India and in some developed countries of the world. This paper has also tried to show the inconsistent relationship between neurological tests and constitutional principles.

Keywords: Brain Mapping, Constitution, Neuroscience, Scientific Evidence

Suggested Citation

Tripathi, Surya Mani, Advances in Neuroscience and Evidentiary Value of Brain Mapping: A Legal Debate (January 14, 2010). The Indian Journal of Criminology & Criminalistics, Vol.29, No.1, 2008. Available at SSRN: https://ssrn.com/abstract=1536892

Surya Mani Tripathi (Contact Author)

International Crops Research Institute for Semi-Arid Tropics ( email )

ICRISAT
Patancheru
Hyderabad, AP 502324
India
08008123544 (Phone)

HOME PAGE: http://www.icrisat.org

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