Should police be allowed to impose brain scans on suspects, assuming that brain scans can help prove mens rea? The English criminal justice system is based on a "range of decisions and procedures arising from the investigations and interrogations of people" which develop the common sense ideas of free will and responsibility for conduct. Forcing brain scans on suspects by the police excludes the system from investigation and interrogation procedures, which we know to be justice. Brain scans can be used to detect the criminal element of mens rea, which is required by the criminal justice system to convict a person of a crime. However, the presumption of innocence and a fair trial would be threatened to the extent that guilt was established by the police in court. Thus, this essay argues that police should not be able to impose brain scans on suspects, even if the evidence provided can help prove criminal intent. a problem with the Police and Criminal Evidence Act (PACE) 1984. As under section 34 of the Act, the right to remain silent in custody is a principle that police officers must respect because "the right to remain silent protects the State against any violation.” the constitutional zone of a person's private life through interrogation. Therefore, under this law, police officers are not allowed to force a suspect to answer questions. Demonstrating that subjecting a suspect to a brain scan and measuring his response to the scanner's questions would unquestionably amount to taking the right to remain silent and that under section 78 of the PACE Act, any evidence obtained unfairly would be excluded from court . Therefore, approving this policy...... middle of paper ......ence won't transform the legal system anytime soon, experts say" (Advance Science Serving Society, May 7, 2013), accessed November 16 2013 Tanya Lewis, “The brain says guilty! Neural Imaging May Nab Criminals” (LiveScience June 3, 2013) accessed November 8, 2013 Michael S. Gazzaniga, “How “Inadmissible” Brain Scans Can Still Influence the Courts” (Scientific American April 13, 2011) accessed November 12, 2013 Jon Hamilton, “The Case Against Brain Scans As Evidence In Court” (NPR November 12, 2013), accessed November 13. 2013