Should the Police Be Allowed to Impose Brain Scans on Suspects?

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Should the police be allowed to impose brain scans on suspects, assuming that brain scans can help proving mens rea?
The English criminal justice system is based upon a “range of decisions and procedures from the investigations and questioning of people” which develop the common sense ideas of free will and responsibility for conduct. Imposing Brain scans on suspects by the police excludes the system from procedures of investigation and questioning, which is known to be justice. Brain scans can be used for the element of the criminal law of mens rea, which is required under the criminal justice system to convict one of crime. However the presumption of innocence and a fair trial would be under threat as one would have been proven guilty …show more content…

This is due to the fact that police officers will have evidence taken from the defendant’s brain scans, which produces “70 to 90 per cent of accuracy”. Thus, the defendant would have been proven guilty, before commencing trials. As well as, it is believed here that the use of brain scans by police and evidence would misdirect the Jury, as Dr Farahany states that jurors often tend to believe that science is the objective truth, therefore showing that if police officer are given the right to use brain scans on suspects, evidence taken from the scans in court would be regarded more sufficient than “witness interviews, testimony by the accused under cross examination, and even the person's body language”. United States v. John W. Hinckley Jr. present the above argument due to Jury not finding Hinckley not guilty by the reason brain scan image was central to jury’s decision. Also, due to the Brain scans being “70 to 90 per cent” accurate, this producing a defence for a defendant to argue that the scan in inaccurate, causing the process of scans to be a waste of time. As previously seen In R v Béland the Supreme Court of Canada ruled that the results of a polygraph examination are not admissible as evidence. As the test had relied upon ones sweat and heart palpitations which delivered inaccurate results. This has also been seen to be the reason why polygraph examinations were excluded as evidence in the English Criminal justice system. Therefore

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