The Journal of Appellate Practice and Process Volume 1 Issue 2 Article 4 1999 The Law and the Brain: Judging Scientific videnceE of Intent Erica Beecher-Monas Edgar Garcia-Rill Follow this and additional works at: https://lawrepository.ualr.edu/appellatepracticeprocess Part of the Evidence Commons, Jurisprudence Commons, and the Science and Technology Law Commons Recommended Citation Erica Beecher-Monas and Edgar Garcia-Rill, The Law and the Brain: Judging Scientific videnceE of Intent, 1 J. APP. PRAC. & PROCESS 243 (1999). Available at: https://lawrepository.ualr.edu/appellatepracticeprocess/vol1/iss2/4 This document is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in The Journal of Appellate Practice and Process by an authorized administrator of Bowen Law Repository: Scholarship & Archives. For more information, please contact
[email protected]. THE LAW AND THE BRAIN: JUDGING SCIENTIFIC EVIDENCE OF INTENT Erica Beecher-Monas* and Edgar Garcia-Rill, Ph.D.** INTRODUCTION As evidentiary gatekeepers, judges must be ready to evaluate expert testimony about science and the brain. A wide variety of cases present issues of mental state, many doubtless with battling experts seeking to testify on these issues. This poses a dilemma for nonspecialist judges. How is a nonscientist to judge scientific evidence? How can a nonscientist decide if testimony about mental state meets the criteria of good science? This essay offers a general overview of the issue of evaluating scientific evidence and is aimed at exploring the issues involved, but not attempting easy answers. Of necessity, this requires thinking about how science works.