Camden Criminal Lawyer: Brain Studies as Defense
Legal insanity is hard enough to prove in court, but neurological issues may become easier to use as evidence due to a recent study. The study explored using brain scans and neurobiological science during criminal cases. A group of criminal defense attorneys spearheaded the effort in order to expand on the resources available for more effective evidence to present before a jury or judge.
The study focused on how persuasive such evidence could be by studying judicial opinions between 2005 and 2012. During the study, both state and federal opinions on neurobiological evidence were weighed. One of the authors concluded, based on the 70,000 opinions garnered during research, that the use of neurobiological evidence may still be low, but it is rising in criminal cases. Courts only referenced neurobiological evidence 1,585 times, totaling at just over two percent of the time. However, during that period, the use of such evidence increased 2.5 times.
Despite this new research, it is still difficult to properly gauge how effective such evidence would be in a court proceeding. Appellate Courts overturned only 20-30% of convictions based on a criminal attorney’s failure to use neurobiological evidence. Additionally, during the pre-trial phase in an attempt to argue that their client lacked legal capacity, one in ten cases utilized such evidence. The study seemed to mostly show that the success of this type of evidence is highly dependent upon what it is used for, which type of case it is, and how substantial the evidence appears. For instance, it is more likely a person will receive a retrial as opposed to being found not guilty as a result of the evidence. The study shows that proper care and realistic expectation can lead to a successful use of neurobiological evidence in court.
Camden Criminal Lawyer Michele Finizio Uses All Relevant Evidence to Pursue Better Outcomes for Clients Charged with Crimes in NJ
If you or a loved one are faces criminally charges and are concerned you do not have the right evidence to support your case, contact Camden criminal lawyer, Michele Finizio, today. Attorney Finizio is experienced in defending those charged with every level of crime and can help organize evidence to ensure a better result to your trial. Contact us online or call 856-242-7300 for a consultation on your case. With offices in Moorestown, New Jersey, we serve clients in Camden County, Burlington County, Atlantic County, Mercer County and Gloucester County. Do not hesitate when it comes to your potential freedom; call now to get started in your efforts to reclaim your life.