Neurotechnological Evidence and the Right Against Self-Incrimination: Preparing Ghanaian Evidence Law for Brain-Based Proof
The purpose of this article is to establish that Ghanaian evidence law is not merely uncertain about brain-based proof but is structurally incapable of resolving the questions it raises without legislative and doctrinal reconstruction, and to set out what that reconstruction should involve. The argument is not that neurotechnological evidence is about to overwhelm Ghanaian criminal practice, because the diffusion of the relevant instrumentation into African forensic institutions will be gradual and uneven. The argument is rather that the doctrinal preparation must precede the technology, for four reasons that are worth stating at the outset.
Dr. Godwin Gaduga, Esq.