Tuesday, August 7, 2018
Jane Campbell Moriarty and Daniel Langleben (Duquesne University - School of Law and University of Pennsylvania - Perelman School of Medicine) have posted Who Speaks for Neuroscience? Neuroimaging Evidence and Courtroom Expertise (Case Western Reserve Law Review, Forthcoming) on SSRN. Here is the abstract:
This article explores the issue of proper qualifications necessary for expert witnesses who testify about structural and functional neuroimaging evidence. It outlines the nature of the problem; explains some of the complexity of the question of expertise as a matter of medicine, science, and law, using criminal cases involving mental health as a helpful template to discuss the issues; provides some thoughts about better regulating neuroimaging evidence by focusing on the qualifications of experts; and offers modest policy suggestions to address the question of expert competence.