Thursday, September 09, 2010

Neurocharacter

If neuroscience -- in the form of fMRIs and all that -- could be used to predict human behavior, would evidence such as fMRI evidence amount to prohibited "circumstantial character evidence," the use of character, or disposition, to show the doing of an act on a particular occasion? Is a "neural disposition" or a genetic disposition a disposition? A character trait? Is there a difference (legally speaking) between "character" and "disposition"? Can we answer such questions without knowing the point of the prohibition against circumstantial use of character? (No.) Have courts given reasonably consistent accounts of the purpose of the prohibition against circumstantial use of character? (No.)
  • Isn't the common use of the word "circumstantial" in this context unfortunate? (Yes.)
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    The dynamic evidence page

    It's here: the law of evidence on Spindle Law. See also this post and this post.

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