Abstract

The data discussed strongly suggest that neural imaging does not unduly sway judges and jurors; in fact, it is often counterproductive. The percentage of appellate cases in which the decision was favorable to defendants with brain scan data mirrored those of decisions without such proffered evidence. Moreover, fully two-thirds of the scans admitted were either inconclusive or showed normal brain structures. In decisions referencing brain scans, judges mentioned defendant behavior significantly more often than they referred to the defendant’s brain. Finally, in the actual decisions themselves, judges often ignored relevant imaging data in favor of case precedent or misinterpreted the data so that they would fit with the judges’ initial reactions and opinions.