Brain evidence is playing an increasing role in criminal trials in the United States. An analysis indicates that brain evidence such as MRI or CAT scans – meant to provide proof of abnormalities, brain damage or disorder in defendants – was used for leniency in approximately 5 percent of murder cases at the appellate level. This number jumps to an astounding 25 percent in death penalty trials. In these cases, the evidence is meant to show that the defendant lacked the capacity to control his action. In essence, “My brain made me do it.”