Greg Baker (College of William and Mary – Marshall-Wythe School of Law) has posted Neuroscience and the Law: Real Potential with a Healthy Dose of Caution (West Virginia Law Review, Vol. 3, No. 2, 2009) on SSRN. Here is the abstract:
This article will discuss the fascinating and growing area of neuroscience and the law. The innovations in science, medicine, and technology create unique opportunities for the law. Creative problem-solving in the law can take cues from many of these innovations. Brain imaging for example is discussed as one of the newest creations that might play a pivotal role in the criminal justice system. While I endorse the use of science and technology as an integral part of a multidisciplinary approach to legal problem solving, I also urge we take such steps with caution. In considering the appropriate legal roles for many of these relatively new creations to take, we must be reminded that fundamental legal principles, the Constitution, and our Bill of Rights are at stake.