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Since the 1980s, MRI scanners have told us much about brain function and played an important role in the clinical diagnosis of a number of conditions — both in the brain and the rest of the body. Their routine use has made the diagnosis of brain tumours and brain damage both quicker and more accurate. However, some neuroscientific advances, in particular those that relate specifically to the mind have provoked excitement and discussion in a number of disciplines. One of the most thought provoking developments in recent neuroscience has been the progress made with ‘mind-reading’. There seems nothing more private than one's thoughts, some of which we might choose to share with others, and some not. Yet, until now, little has been published on the particular issue of privacy in relation to ‘brain’ or ‘mind’ reading. This book presents an interdisciplinary account of the neuroscientific evidence on ‘mind reading’, as well as a thorough analysis of both legal and moral accounts of privacy. The book considers such issues as the use of imaging to detect awareness in those considered to be in a vegetative state. It looks at issues of mental imaging and national security, the neurobiology of violence, and issues regarding diminished responsibility in criminals, and thus reduced punishment. It also considers how the use of neuroimaging can and should be regulated.

This reference volume is the first devoted to comprehensively providing criminal lawyers and judges with the current, basic neuroscientific and legal knowledge they will need to evaluate arguments that are based on neuroscientific evidence. Each chapter is written by noted experts. A general introduction first provides a framework for thinking about the relation of neuroscience to the criminal law. Three chapters address basics of the brain and nervous system and the investigative techniques neuroscientists use to study the brain and its relation to behavior, with one chapter devoted to neuroimaging. The legal chapters begin with a survey of the scientific evidence questions that the admissibility of neuroscience evidence will present. Other legal chapters address “mind-reading,” that is the ability of neuroscience to detect lying or the content of thoughts, criminal responsibility, competence and prediction, juvenile delinquency, and addiction. Each addresses in detail the relevance of neuroscience to the applicable doctrines and assesses what is known at present. All sections of the book may be consulted independently by readers seeking specific information about a discrete topic. A final chapter speculates modestly about how possible future advances in neuroscientific knowledge may shape legal practice and doctrine more generally.