Blame the Brain? The Uptick in Biology in Criminal Defense

We’ve all seen episodes of Law & Order where a medical professional is asked to examine a brain scan and determine if the defendant is innocent or guilty based on it—but do biological defenses, wherein the accused’s body, rather than their motives, are put on trial, actually appear in the courtroom? And moreover, is there any science behind them?

Neurological and biological defenses have become much more popular in the last decade, which has legal and medical professionals alike curious for more data. A study in the Journal of Law and Biosciences seeks to find out how they’re being used—and how often.

The rise of the brain scan in court

According to the report’s citations, there’s been a noted increase in this type of defense.

Over 1585 judicial opinions issued between 2005 and 2012 discuss the use of neurobiological evidence by criminal defendants to bolster their criminal defense. In 2012 alone, over 250 judicial opinions—more than double the number in 2007—cited defendants arguing in some form or another that their ‘brains made them do it’.

The increase in the use of brain scans in courtrooms is well-documented; a 2012 news article on the subject noted that not only was this science being used more by criminal defenses, it was also being cited more by judges as a factor in their decisions—which means, at the least, the introduction of this kind of evidence can potentially be compelling. But is it based in good science?

‘My brain made me do it’? There’s more to it

The Journal report doesn’t seek to examine the science behind brain scans as a courtroom tool—rather, it looks at how they’re being used, and whether or not there needs to be more neurological science available to prove that they’re effective. The answer is murky—chiefly, the researchers found that there simply needs to be more data.

However, these cases are actively being used now—and they seem to be effective beyond the standard ways that neurology and mental capacity have traditionally been used.

There’s documented evidence that mental illness can impair a defendant's ability to make decisions, and there are specific pleas or defenses which address this matter, including a mental disorder defense (commonly known as an “insanity defense”), which seeks a not guilty verdict, or a plea of “diminished capacity,” which may reduce the charges.

Similarly, brain scans may be used to reduce charges, as in one high-profile 2013 case, or in appeals courts.

And while there is quite a bit of correlation between brain patterns, anomalies, effects of trauma, and other elements which may appear on a scan, they’re still mostly that—correlation, not necessarily causality. Still, that can often be enough to raise reasonable doubt and help a jury more clearly understand a defendant’s life and experience. Additionally, a brain scan—even one that’s inadmissible—may be beneficial for a judge’s considerations, as Scientific American examined several years ago. 

The “criminal mind” may or may not be as conclusively linked to the physicalities of the human brain as it appears on television or in splashy murder cases you read in the news—but it is becoming a more popular courtroom tool.

Regardless of the crime you’ve been charged with, you deserve a fair trial—and a criminal defense lawyer who will use innovative, compelling tools to tell your story. If you’ve found yourself on the wrong side of a criminal charge, don’t hesitate to obtain legal counsel immediately.

If You’ve Been Charged with a Crime in Seattle, Contact the Experienced Criminal Defense Lawyers at Baker, Lewis, Schwisow & Laws

The expert defense team at Baker, Lewis, Schwisow & Laws, PLLC vigorously defend the rights of individuals facing a multitude of charges in Seattle, Bellevue, and Kirkland. Contact us today at 206.209.0608 or fill out our online contact form to get more information or to get a free case review