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뇌과학 증거와 증거능력에 관한 소고 - 미국 루이지애나 주 판례를 중심으로 -

원문정보

The study on legal standards of admissibility of neurosc ience evidence - Focusing on Louisiana Criminal Cases -

김희정

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초록

영어

Men have always been curious about human behavior and brain w hich controls the behavior. The supposition that brain could control human behavior is not just a supposition anymore, and brain science is continuously developing to prove that supposition. With the develo pment, men are now able to take photos of brain structure and brai n response. Cognition brain science researches men’s sensory system, motor nerve system, concentration, memory, linguistic ability, cognitive abil ity, emotion and perception ability that differs by brain structure and function. The advancement of brain technology such as PET scan, f MRI, MRI influenced research on brain. Before this technological adv ancement, scientists relied on animal experiment or computer modeli ng for brain study. The use of neuroscience evidence is on the rise, as indicated by a doubling of cases in the United States. Accordingly, with a focus on Louisiana, this comment show the burgeoning discipline of law an d neuroscience by analyzing the multifaceted difficulties of offering neuroscience evidence for purpose of claims of insanity to avoid cri minal responsibility. However, the rapid advancements in neuroscience, it is unlikely that cognitive neuroscience can do what Louisiana law necessitates in providing criminal insanity. Therefore, given the admissibility of neuroscience evidence resulting from Louisiana’ rigorous legal stand ards, criminal sentencing is the legal context most likely to experie nce new form of neuroscience evidence in Louisiana.

목차

Ⅰ. 서론
 Ⅱ. 뇌과학과 뇌과학 증거에 대한 일반적 이해
 Ⅲ. 미국에서의 뇌과학 증거에 대한 입장 - 루이지애나주(Louisiana) 판례를 중심으로 -
 Ⅳ. 한국 법정에서의 뇌과학 증거에 대한 시사점
 Ⅳ. 결론
 참고문헌
 ABSTRACT

저자정보

  • 김희정 Kim, Hee-Jung. 경희대학교 법학연구소 연구원, 법학박사

참고문헌

자료제공 : 네이버학술정보

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