Brain imaging: consent issues, and licensing of storage and analysis

Michael Bromby

Research output: Contribution to journalArticle

Abstract

The use of functional magnetic resonance imaging (fMRI) cannot yet provide sufficiently reliable evidence to allow courts of law to admit such evidence; however, the future developments in neuroscience may permit the use of fMRI as evidence. This discussion paper will make analogies between brain imaging and other intersections of science and the law: principally, the regulation of research tissue banks, DNA samples and CCTV in order to evaluate how the law can best react to future use of fMRI evidence in the courtroom. The laws of the UK (Scotland in particular) will be used as examples, but the concepts may be extended to the legal frameworks elsewhere in Europe or worldwide.

Original languageEnglish
JournalCortex
DOIs
Publication statusPublished - 1 Jan 2011

Keywords

  • tissue banks
  • law
  • CCTV
  • DNA
  • fMRI

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