The use of neuroscientific evidence in Canadian criminal proceedings

The use of neuroscientific evidence in Canadian criminal proceedings

This article addresses the question of how neuroscientific evidence is currently used in the Canadian criminal justice system, with a view to identifying the main contexts in which this evidence is raised, as well as to discern the impact of this evidence on judgements of responsibility, dangerousness, and treatability. The most general Canadian legal database was searched for cases in the five...

The Use of Phallometric Evidence in Canadian Criminal Law.

The use of phallometric evidence by Canadian criminal courts has steadily increased since the early 1980s. Phallometry was initially considered by courts to be a potentially useful tool in the determination of accused persons' culpability; however, its contemporary use is limited to the postconviction contexts of sentencing and dangerous and long-term offender applications, as one of several me...

The place of the Principle of Proceedings within a reasonable time in the criminal proceedings

Observing a reasonable deadline throughout the criminal investigation process, as one of the most fundamental defensive rights of the accused, emphasizes the importance of reasonable expediting in the process of proceedings in a high degree of accuracy, which considers necessary for the fair trial and the desired outcome of criminal proceedings. Delivering justice within a reasonable time is on...

The Devil’s Advocate: Using Neuroscientific Evidence in International Criminal Trials?

ank Greely writes, “[t]oday we are regularly making new discoveries about the functioning of the human brain, discoveries that have led many lawyers, philosophers, and neuroscientists to speculate about the consequences of our new understanding for the criminal justice system.”1 Greely notes that scholars have focused almost exclusively on questions of responsibility, reaching conclusions “from...

Actions speak louder than images: the use of neuroscientific evidence in criminal cases