Adina L. Roskies and Walter Sinnott-Armstrong
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199599844
- eISBN:
- 9780191725227
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199599844.003.0007
- Subject:
- Law, Medical Law
This chapter examines the value of brain images as evidence in the criminal law, specifically of the US. Do they pass muster under the Federal Rules of Evidence? It concludes that brain images are as ...
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This chapter examines the value of brain images as evidence in the criminal law, specifically of the US. Do they pass muster under the Federal Rules of Evidence? It concludes that brain images are as confusing and misleading in trials as in reported experiments, that their ‘moderate dangers’ outweigh their minimal probative value. Thus, they fail the balancing test in FRE 403 and should not be admitted into trials.Less
This chapter examines the value of brain images as evidence in the criminal law, specifically of the US. Do they pass muster under the Federal Rules of Evidence? It concludes that brain images are as confusing and misleading in trials as in reported experiments, that their ‘moderate dangers’ outweigh their minimal probative value. Thus, they fail the balancing test in FRE 403 and should not be admitted into trials.
Wadie E. Said
- Published in print:
- 2015
- Published Online:
- April 2015
- ISBN:
- 9780199969494
- eISBN:
- 9780190234171
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199969494.003.0004
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This chapter considers the evidence used to prove terrorism charges, with an initial look at evidence-gathering techniques, whether via eavesdropping under the Foreign Intelligence Surveillance Act ...
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This chapter considers the evidence used to prove terrorism charges, with an initial look at evidence-gathering techniques, whether via eavesdropping under the Foreign Intelligence Surveillance Act (FISA) or through custodial interrogation. It then analyzes trends in the introduction of evidence within the courtroom. The government's wide construction of terrorism and association comes squarely into view, as courts in the main have allowed highly prejudicial and arguably irrelevant images, videos, and testimony that seek to link a defendant with terrorism-and wherever possible, al-Qaeda-without an adequate assessment of the evidence's probative value. Finally, this chapter concludes with a discussion of the individuals the government has employed as expert witnesses and finds a startlingly pronounced lack of qualifications and jumbled methodologies that courts have ignored in allowing those individuals to testify in an expert capacity.Less
This chapter considers the evidence used to prove terrorism charges, with an initial look at evidence-gathering techniques, whether via eavesdropping under the Foreign Intelligence Surveillance Act (FISA) or through custodial interrogation. It then analyzes trends in the introduction of evidence within the courtroom. The government's wide construction of terrorism and association comes squarely into view, as courts in the main have allowed highly prejudicial and arguably irrelevant images, videos, and testimony that seek to link a defendant with terrorism-and wherever possible, al-Qaeda-without an adequate assessment of the evidence's probative value. Finally, this chapter concludes with a discussion of the individuals the government has employed as expert witnesses and finds a startlingly pronounced lack of qualifications and jumbled methodologies that courts have ignored in allowing those individuals to testify in an expert capacity.
