Neuroscience and the Law in New Zealand

Abstract

The New Zealand Court of Appeal has rejected evidence of neuroimaging to help juries assess the capacity of the accused in an insanity plea. This chapter says the Court of Appeal was right to do so because neuroimaging should not replace the role of the jury. The chapter explains; that neuroscience will help us better understand how the brain functions and what relationship there is between that functioning and how we make decisions. The chapter concludes that neuroscience will be helpful for insight into the human condition but cannot replace the moral choices of what we think is right or wrong or whether we should be culpable or should not be.