Due Process Case Study

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Those accused of crime have many protections afforded to them against the abuse of investigatory and prosecutorial conduct. According to the United States Constitution, Due Process is the legal requirement that the state or government must respect all legal rights that are owed to any individual in the United States. Due Process balances the power of the law and any misuse of it against the people. What is controversial is how would brain scans and more importantly, the interpretation of any findings, be regulated by the Criminal Justice system? Could findings become evidence in court? In fact, criminal courts in the United States are facing a surge in the number of defendants arguing that their brains were to blame for their crimes and …show more content…
In this particular case, in which I was involved as an investigator, the defendant was able to produce medical records that indicated that he was the victim of lead poisoning as a child. The defendant sought to introduce this evidence at trial to reduce his culpability in committing the planned savage murder of his mother. While this evidence would most likely have been admitted at trial, there is a question as to whether a brain scan would have been admitted into evidence to be considered by a judge or jury. Lead is well known to be dangerous to …show more content…
One would hope that if something like the GNS was ever adopted, that there would be a plan in place to deal with the people who showed abnormal brain structure or function. But, as we see in many matters, nothing is ever perfect and a subject who had been identified could grow up to commit a violent crime. Could the brain scan be used against him or her in court? A brain scan could be used as a defense. The criminal could argue that he was identified as having an abnormality given to him at birth and that the government failed to remedy the situation properly, which resulted in crime. This assumes that the criminal didn’t use the diagnosis as a “get out of jail free card” to commit crime as he wished with the hopes of just blaming it on his brain. In short, the GNS brain scan could potentially flood any future criminal justice system with more claims of “my brain made me do it” than it currently sees
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