Neuroscience and Jury Decision Making

In Najdowski, C. & Stevenson, M. (eds) Criminal Juries in the 21st Century: Psychological Science and the Law. New York: Oxford University Press, Forthcoming

Posted: 29 Aug 2018

See all articles by Shelby Hunter

Shelby Hunter

University of Alabama

N. J. Schweitzer

Arizona State University

Jillian Ware

Arizona State University (ASU)

Date Written: August 19, 2018

Abstract

This chapter examines the emerging use of neuroscience evidence in criminal trials and its influence on jury decision-making. It begins with a look at the prevalence of neuroscience expert evidence in criminal cases, finding a rapid increase in its use both in and outside of the United States. It then looks at the broader research on how the lay public is persuaded by neuroscience-derived information, followed by an examination of the relatively young literature on the specific (and often paradoxical) impact of neuroscience and neuroimagery on jurors’ judgments of criminal defendants. The chapter concludes with some caveats about the current state of neuroscience with respect to the legal system and some recommendations for future research.

Keywords: Neuroscience, Expert Evidence, Jury Decision-Making, Neuroimagery, Persuasion

Suggested Citation

Hunter, Shelby and Schweitzer, Nicholas J. and Ware, Jillian, Neuroscience and Jury Decision Making (August 19, 2018). In Najdowski, C. & Stevenson, M. (eds) Criminal Juries in the 21st Century: Psychological Science and the Law. New York: Oxford University Press, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3234990

Shelby Hunter

University of Alabama ( email )

101 Paul W. Bryant Dr.
Box 870382
Tuscaloosa, AL 35487
United States

Nicholas J. Schweitzer (Contact Author)

Arizona State University ( email )

PO BOX 37100
Phoenix, AZ 85069-7100
United States

HOME PAGE: http://lsprg.asu.edu

Jillian Ware

Arizona State University (ASU) ( email )

Farmer Building 440G PO Box 872011
Tempe, AZ 85287
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Abstract Views
155
PlumX Metrics