1- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran
2- Functional Neurosurgery Research Center, Shohada Tajrish Comprehensive Neurosurgical Center of Excellence, Shahid Beheshti University of Medical Sciences, Tehran Iran
Abstract:
Background and Aim: Since the emergence of neurolaw, legal systems have been using neuroscientific techniques with acceleration. Neuroscience evidence has been brought to courts as proof and gets judges’ attention progressively. Since the legal validity of neuroscientific evidence is crucial in current neuro-criminal proceedings, it is necessary to know which kind of validations requires for admissibility of such evidence before jurors. So the core question of this paper is how can neuroscience evidence be properly and reliably applied in judicial proceedings?
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library research and has been done by referring to documents, books, and articles.
Results: Legal admissibility of neuroscientific evidence before a court requires proof of its scientific, structural and functional validity.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: In the present study, it was generally found that the use of realistic ecological experiments based on global standards and protocols with the consideration of physiological and psychological factors involved are inevitable in assessing the admissibility of neuroscience evidence; also, the cooperation of a group of forensic experts in the form of specialized judicial advisory boards or the body of forensic medicine as well as observance of the principles of neurolitigation could be fruitful in the structural and functional validation of the data resulting from such evidence.
Cite this article as: Petoft A. The Validation Requirments of Neurscientific Evidences before Courts. Medical Law Journal 2021; 15(56): e26.
Type of Study:
Original Article |
Received: 2019/10/11 | Accepted: 2021/01/12