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9 U. St. Thomas J.L. & Pub. Pol'y 189 (2014-2015)
The Realities of Neurolaw: A Composition of Data & Research

handle is hein.journals/tjlpp9 and id is 203 raw text is: 





         THE REALITIES OF NEUROLAW: A
      COMPOSITION OF DATA & RESEARCH



                       ZURIZADAI   BALMAKUND*


    Matching   neurological data  to legal criteria can  be much   like
performing a chemical  analysis of a cheesecake to find out whether it was
baked with love.'

                             INTRODUCTION
    The  purpose  of the law  is to protect the interests of society, and
promote  justice. The following paper explores how the interests of justice
are challenged  and strengthened by  the introduction of interdisciplinary
research. Today the integration of law and neuroscience is at the forefront
of legal admissibility. Cognitive neuroscience has the potential to contribute
a great deal to the legal profession, but the question is whether neuroscience
is prepared to make those contributions right now.2 In order to answer this
question, medical researchers, scholars, and legal professionals need to
gauge whether  neuroscience can measure  criminal responsibility. To begin
the  process researchers must  first clarify legal criteria for criminal
responsibility,3 and then determine how neurological findings can be used
to demonstrate cohesion to the criteria. The visionaries in each perspective
field have the ability to guide new medical  techniques, which have  the
power  of  influence over the law  and  future public policy. This study
examines  a sample of neuroscientific and legal literature, and follows with a
comparative study of DNA  and neuroimaging  evidence.




* Zurizadai Balmakund is a Judicial Clerk with the Fourth Judicial District of Minnesota, and a
Fall 2014 graduate from the University of St. Thomas School of Law; graduating with her Juris
Doctorate and Masters in Public Policy.
    1. Eyal Aharoni et al., Can Neurological Evidence Help Courts Assess Criminal
Responsibility? Lessons From Law And Neuroscience, 1124 ANALYSIS N.Y. ACAD. SC. 145, 146
(2008).
   2.  Luca Amaudo, Cognitive Law: An Introduction, 19 NAT'L ITALIAN AM. B. Ass'N L.J. 1
(2011).
   3.  Aharoni et al., supra note 1, at 145.


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