Jurnal Hukum Novelty
Vol. 17 No. 2 (2026)

Neuroscience in criminal trials: A systematic review of the use of brain research in criminal justice

Hernán Yonathan Barragán Huamán (Faculty of Legal and Political Sciences, Catholic University of Santa María-Arequipa, Peru)



Article Info

Publish Date
09 Sep 2026

Abstract

Introduction to the Problem: Using a systematic and interdisciplinary approach, this article examines the application of advanced neuroscientific techniques such as functional neuroimaging (fMRI, PET, EEG), neuropsychological testing, and genetic analysis in criminal trials. These tools are increasingly being used to analyze the neural correlates of defendants' behavior and mental state. Purpose/Study's Objectives: This study aims to analyze how neuroscientific evidence influences the assessment of criminal responsibility and judicial outcomes, as well as to examine the legal and evidentiary challenges arising from its use in criminal proceedings. Design/Methodology/Approach: The research adopted a qualitative approach through a systematic literature review in seven high-impact databases (Scopus, Web of Science, ScienceDirect, Springer, IEEE Xplore, EBSCOhost and ACM). including empirical studies and jurisprudential analyses published between 2012 and 2025. After a selection process in several phases and a quality assessment with the CASP (Critical Appraisal Skills Programme) tool, 58 studies were included for thematic synthesis. The review covers a variety of jurisdictions, including the United States, Western Europe, and Latin America. Findings: The findings indicate that neuroscientific evidence is presented more frequently by the defense to argue diminished capacity or mitigation of punishment, especially in cases with damage to the frontal or temporal lobes. The quantitative synthesis reveals that this evidence was cited as an influential factor in judicial decisions in 79% of the cases analyzed (equivalent to 46 out of 58 studies), predominantly leading to reduced sentences rather than total exculpation; however, the admissibility and evidentiary weight of this evidence vary significantly between different legal systems and standards (e.g., Daubert, Frye standards). Paper Type: Systematic Review Article

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Journal Info

Abbrev

Novelty

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum Novelty (ISSN 1412-6834 [print]; 2550-0090 [online]) is the Journal of Legal Studies developed by the Faculty of Law, Universitas Ahmad Dahlan. This journal published biannually (February and August). The scopes of Jurnal Hukum Novelty are: Constitutional Law, Criminal Law, Civil Law, ...