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More reliable detection methods, such as those based on predictive algorithms, represent a new frontier of judicial decisions. In the future, will the neuroscientific evaluation such as brain neuroimaging and neuroscientific techniques be able to have a decisive weight on evidence? This consideration involves critical issues relating to the moral freedom of the person and the judgment of culpability, because it would bring in the trial another element functional to the assessment of the defendant, while the defendant could support an attenuating or an exoneration of liability due to some genetic propensity or neurological defect as “bad genes” or a “bad brain”.
