Is My Brain My Client The Rise of Neuro-Evidence in Criminal Defence

Neuro-evidence is transforming criminal defence by introducing brain imaging and genetic evidence into the courtroom. This article examines how such evidence challenges the traditional concept of mens rea, influences sentencing decisions, and raises concerns about free will, privacy, and AI-driven predictions of criminal behaviour. It argues that while neuroscience can inform legal decision-making, it should complement not replace the principles of criminal responsibility and judicial discretion.