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12 N.C. J.L. & Tech. 1 (2010-2011)
The Admissibility of Expert Witness Testimony Based on Adolescent Brain Imaging Technology in the Prosecution of Juveniles: How Fairness and Neuroscience Overcome the Evidentiary Obstacles to Allow for Application of a Modified Common Law Infancy Defense

handle is hein.journals/ncjl12 and id is 3 raw text is: NORTH CAROLINA JOURNAL OF LAW & TECHNOLOGY VOLUME 12, ISSUE 1: FALL 2010 THE ADMISSIBILITY OF EXPERT WITNESS TESTIMONY BASED ON ADOLESCENT BRAIN IMAGING TECHNOLOGY IN THE PROSECUTION OF JUVENILES: How FAIRNESS AND NEUROSCIENCE OVERCOME THE EVIDENTIARY OBSTACLES TO ALLOW FOR APPLICATION OF A MODIFIED COMMON LAW INFANCY DEFENSE Sally Terry Green Adolescent brain imaging technology is an evolving area of science that reveals levels of maturity in the adolescent brain. Its potential effect on criminally culpable behavior is the source of extensive debate. The technology can inform judges and jurors on essential differences between how adults make decisions regarding their conduct as distinct from adolescents. United States Supreme Court precedence provides a relevant framework from which we can extrapolate fairness principles and their operation in developing a meaningful juvenile defense under which the technology can be considered. These principles should guide decisions made by the trial courts under the states' applicable rules of evidence regarding the admissibility of scientific data like adolescent brain imaging technology. Admitting the technology and expert witness testimony in the context of an Infancy Defense model provides the fact finder with the data necessary to make a more in depth determination of adolescent criminal capacity. Most Infancy Defense statutes currently implemented by the states create a gap comprised offourteen to eighteen-year-olds by failing to address this population of adolescents whose deficiencies in judgment and decision-making pose the most credible argument .Associate Professor of Law, Thurgood Marshall School of Law. I would like to thank TMSL for the Faculty Scholarship and Development support. Additionally, I offer special thanks to my team of Research and Administrative Assistants: Adrianne Moore, Olimipia Sacaciu, Veronica Hoof, Jacqueline M. Sims, and Gertrude Florent. I extend my love and gratitude to my husband, Michael, and my colleague and dear friend, Professor Ana Otero, for their unending support. 1

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