Tuesday, March 4, 2014
Adam B. Shniderman (University of California, Irvine - Department of Criminology, Law and Society) has posted No Such Thing as a Sure Thing: Neuroscience, The Insanity Defense & Sentencing Mitigation (The Jury Expert Vol. 26, No. 1, pp. 11-14, 2014) on SSRN. Here is the abstract:
Neuroscience is often hailed as the silver bullet that will radically change the way the courts and individuals perceive criminal culpability. While this has come true to an extent with several Supreme Court decisions regulating juvenile punishment, evidence is less clear with respect to adults. A growing number of empirical studies are being conducted to assess how neuroscientific evidence impacts jury decision making. This article provides insight and guidance for trial lawyers by highlighting the relevant legal, the mixed findings of these published mock jury studies, and that there is no such thing as a sure thing when it comes to offering evidence of neurological dysfunction or impairment.