미국 형사법 실무에서의 뇌과학 증거 활용에 관한 고찰

Neuroscience research holds promise for improving our understanding of human behavior, motivation, intention, and action. Advances in neuroscience over recent decades led to development of treatments for certain debilitating neurological disorders. Neuroscience has become an integral part of the criminal justice system in the United States. During the past decade, hundreds of criminal cases have been influenced by neurobiological claims. The use of neurological evidence in the criminal courtroom is on the rise. According to a recent study, over 1500 judicial opinions issued during 2005. 2012 discuss the use of neuroscience by criminal defendants. Many of these cases include expert evidence about past head or brain trauma, neuropsychological testing, and neuroimaging studies conducted. Neuroscience evidence has been introduced and employed at various stages. Defendants have argued that they should be held less accountable for their actions or punished less severely because of alleged neurological impairments. Prosecutors have seized upon the double-edged potential of such evidence to indict defendants’ characters or underscore future dangerousness. Many courts in United States have admitted neuroimaging evidence, and more will follow as the science underlying neuroimaging becomes more generally accepted. Maybe neuroscience evidence will be accepted before long in Korea. When a judge has to decide whether to admit neuroscience evidence, the rules of evidence provide clear guidelines regarding when and for what purpose such evidence can be introduced in Korea.