---
title: "Neurolaw"
chunk: 4/5
source: "https://en.wikipedia.org/wiki/Neurolaw"
category: "reference"
tags: "science, encyclopedia"
date_saved: "2026-05-05T04:27:29.062328+00:00"
instance: "kb-cron"
---

=== Criminal law ===
In the United States, brain scan results have been increasingly utilized during the sentencing phase of trials, with the rate of cases involving neuroscience evidence doubling from 2006 to 2009. In two instances occurring in California and New York, defendants were able to reduce their sentence of first-degree murder to manslaughter using neuroimaging. Each case presented brain scans suggesting hindered neurological function hoping to mitigate their responsibility in the crime. Brain images were also used in the case of Harrington v. State of Iowa in 2003 as evidence for the defense. However, in the case of Harrington v. State of Iowa, the brain images were solely shown to the judge and not a jury panel, reducing the ability of this case to be used as precedent for utilizing brain imaging as evidence.
In Mumbai, India, the legal system has taken a more rapid approach in applying neuroscience and has already incorporated it into criminal convictions. In 2008, an Indian woman was convicted of murder based on strong circumstantial evidence, including a brain scan that suggested her guilt. This conviction was sharply criticized by Hank Greely, a professor of law at Stanford University. Greely contested the scan based on evidence produced by a Brain Electrical Oscillation Signature Profiling test (BEOSP). No scientific peer-review studies had ever been published demonstrating the efficacy of BEOSP, raising questions about its reliability in such an important decision.

=== Government and military ===
The United States Military has become increasingly interested in the possibilities of neuroscience research. Brain imaging could help to distinguish between enemy combatants from those who pose no risk or determine the mental stability of their own soldiers. Nootropic drugs could also be used to enhance the focus and memories of soldiers, allowing for better recognition of dangers and improved performance. However, this has led to questions regarding the personal privacy of soldiers and detainees, and the compliance requirements that may come with performance enhancement. Although the civilian court system is reluctant to use unproven technologies, the military's future use of them may generate controversy over the possible innocence or guilt of enemy combatants.
With the advent of novel technological innovations and information in the field of neuroscience, the military has begun to anticipate specific uses for such neuroscience research. However, these approaches, which can alter human cognitive abilities as well as infringe on an individual's right to the privacy of his or her own thoughts, are still innovatory and early in development. Present day treaties, such as the U.N. Declaration of Human Rights and the Chemical Weapons Conventions, address only the use of certain chemical agents and are not regulating the fast-paced evolution of recent advancements in cognitive science research. Due to this ambiguity and the potential of technology misuse, it has become increasingly pressing to address the regulations and ethics needed for neuroscience research.
Another area of interest to the military is the use of human enhancement drugs. DARPA (Defense Advanced Research Projects Agency), a Pentagon branch of the United States Department of Defense, is responsible for significant amount of military research and development of technology. With the announcement of the BRAIN Initiative in 2013, DARPA began to support this initiative through a number of programs involving under-researched neuroscience topics like neuromodulation, proprioception, and neurotechnology. A current operation of DARPA is named the Preventing Sleep Deprivation Program, which conducts research on the molecular processes and changes in the brain involved with sleep deprivation, with the ultimate purpose to maximize warfighters’ cognitive abilities, even with sleep deprivation. As a result of this research, sleep deprivation prevention drugs such as Modafinil and Ampakine CX717 have increased in significance. However, because these chemical drugs directly affect natural chemical reactions and receptors in the body, the ethics of their use as well as safety are in question.