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The Courts

Brain Scans Used In Murder Sentencing 328

sciencehabit writes "For what may be the first time, fMRI scans of brain activity have been used as evidence in the sentencing phase of a murder trial. Defense lawyers for an Illinois man convicted of raping and killing a 10-year-old girl used the scans to argue that their client should be spared the death penalty because he has a brain disorder. Some experts say the scans are irrelevant because they were taken 20+ years after the crimes were committed. Others point out that the scans are only being considered because the sentencing phase of a trial has less stringent standards about evidence than those used to establish a defendant's innocence or guilt." In the Illinois case, the fMRI defense didn't help the defendant, whom a jury sentenced to death.

Theory is gray, but the golden tree of life is green. -- Goethe