Neuroimaging in the Courtroom: Normative Frameworks and Consensual Practices

Neuroimaging is increasingly playing a role in courtrooms where judges take into account representations of the suspect’s brain as evidence to determine their accountability and the sentence. Berlin (in press) presents an intriguing and timely overview of relevant developments and challenges in this regard. Focusing on issues related to criminal behaviour and criminal prosecution, we, however, have a twofold concern with his arguments. First, after having pointed out current controversies concerning the use of neuroimaging techniques, Berlin concludes that future scientific discoveries will solve current conflicts (p. 13). To our opinion, however, the mere accumulation of scientific findings will not suffice. normative framework that guides decision making is needed. Second, Berlin assumes that in the upcoming decades “the neurobiological and legal communities will continue to struggle with issues bearing on accountability and punishment” (p.6). Unfortunately, it remains open how this struggle might evolve and under what circumstances it could lead to more satisfactory applications. Addressing this challenge, we will present a plan to structure and approach this struggle. NORMATIVE GUIDANCE OF SCIENTIFIC APPLICATIONS The past decades have been characterized by an overwhelming interest in the biomedical foundations of criminal behavior in general and the genetic, neurobiological and neurophysiologic aspects of juvenile delinquency and youth violence in particular (van Goozen et al. 2007). It has been shown that groups of offenders differ from non-offenders regarding genetic polymorphisms, structure and function of the brain, psycho-physiological response to stress, and in gene-brain-environment interactions. Even though much is still unknown and scientific evidence is far from conclusive, these developments trigger high hopes and expectations concerning the development of more accurate methods both for early detection of children at-risk and for more effective forms of early prevention and treatment.