ISSN: 2573-1734
Authors: Caprioli F*
The author asks whether and to what extent neuroscientific evidentiary techniques can be considered admissible in Italian criminal procedure to assess the mental state of the accused or to verify the truthfulness of a statement, analyzing the national jurisprudence on the subject. First, the author asks whether neuroscientific techniques can be used to determine whether the defendant was totally or partially insane at the time of the crime charged and to determine whether the defendant is a socially dangerous person. The answer is yes, although great caution must be exercised. The main risk is to theorize the existence of a real biological basis for antisocial behavior, which could even justify the adoption of restrictive measures praeter delictum against the biologically vulnerable person. Secondly, the author asks whether the techniques called A-IAT (Autobiographical Implicit Association Test) and TARA (Temporal Antagonistic Response Aletiometer), used in Italy in some criminal proceedings to verify the truthfulness of a statement, are compatible with the Italian law of evidence, which prohibits the use, even with the consent of the person concerned, of methods and techniques that are likely to impair his freedom of self-determination and his ability to recall and evaluate facts. The answer is certainly no if it is believed that these techniques can function as "memory detection" techniques, i.e. they are capable of detecting in the mind of the person concerned even memories that he or she has erased. More controversial is whether a-IAT and TARA are to be considered admissible if they are believed to be simple “lie-detection” techniques, aimed at revealing whether or not the declarant is truthful in reporting his or her memories.
Keywords: Criminal evidence; Neuroscience; Memory Detection
