Neuroscientific Evidence in Australia – brain based arguments

Recently in Australia, the Courts have accepted evidence of neurologists to explain behaviours of individuals. As technology improves, our understanding of the brain increases. As such, the courts have allowed the aid of neuroimaging and have accepted expert evidence of neuropsychologists in order to rationalise actions of individuals. By accepting this type of evidence, questions arise as to whether the person was injured in a way the law recognises, whether the individual acted intentionally and within their own free will and finally, whether the individual had the necessary capacity at the time. Although neuro-based arguments tend to arise in criminal cases as a mitigating factor, it has recently been applied in civil matters. In recent civil matters, neuroscience has been used as a basis in claiming compensation for pain and…


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