Law and Neuroscience in the United States

INTERNATIONAL NEUROLAW: A COMPARATIVE ANALYSIS, p. 349, T.M. Spranger, ed., Springer-Verlag, 2012

Vanderbilt Public Law Research Paper No. 1-5

32 Pages Posted: 13 Feb 2012 Last revised: 4 Aug 2015

Owen D. Jones

Vanderbilt University - Law School & Dept. of Biological Sciences

Francis X. Shen

University of Minnesota Law School

Date Written: October 15, 2011

Abstract

Neuroscientific evidence is increasingly reaching United States courtrooms in a number of legal contexts. And the emerging field of Law and Neuroscience is being built on a foundation that joins: a) rapidly developing technologies and techniques of neuroscience; b) quickly expanding legal scholarship on the implications of neuroscience; and c) neuroscientific research designed specifically to explore legally relevant topics.

Despite the sharply increasing interest in neuroscientific evidence, it remains unclear how the legal system – at the courtroom, regulatory, and policy levels – will resolve the many challenges that new neuroscience applications raise.

This chapter – part of an edited volume surveying neurolaw in 18 countries – provides an overview of notable neurolaw developments in the United States through 2011. The chapter proceeds in six parts. Section 1 introduces the development of law and neuroscience in the U.S. Section 2 then considers several of the evidentiary contexts in which neuroscientific evidence has been, and likely will be, introduced. Sections 3 and 4 discuss the implications of neuroscience for the criminal and civil systems, respectively. Section 5 reviews three special topics: lie detection, memory, and legal decision making. Section 6 concludes with brief thoughts about the future of law and neuroscience in the United States.

Suggested Citation

Jones, Owen D. and Shen, Francis X., Law and Neuroscience in the United States (October 15, 2011). INTERNATIONAL NEUROLAW: A COMPARATIVE ANALYSIS, p. 349, T.M. Spranger, ed., Springer-Verlag, 2012; Vanderbilt Public Law Research Paper No. 1-5. Available at SSRN: https://ssrn.com/abstract=2001085

Owen D. Jones (Contact Author)

Vanderbilt University - Law School & Dept. of Biological Sciences ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States

HOME PAGE: http://law.vanderbilt.edu/bio/owen-jones

Francis X. Shen

University of Minnesota Law School ( email )

Minneapolis, MN
United States

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