First steps of neuroimaging in American criminal procedure

Abstract

The present study reviews the contribution of neuroimaging tests in the American criminal process, whose contribution varies greatly depending on the stage of the process in which they are used: while the neurocognitive data have practically no relevance in the phase of competency to stand trial or for culpability, in the sentencing phase they are becoming a powerful weapon for mitigation, especially in those cases in which is discussed the death penalty. However, as we will conclude, it would be in this guilt phase, as the basis for the incomplete defense of diminished capacity when mental disorders are discussed, especially when they affect the sphere of personality, where these tests could have a greater judicial impact, in contrast with its more mediatic uses and, at the same time, unfortunate, like the one carried out by the famous lie detection technique.