We normally do not accept people being hit with wrenches (or a contextual contemporary) in criminal justice trials.

I don't think that the brain surgery is accepted as well.

Being hit with a wrench seems less invasive and even preferable compared to mind-reading brain surgery.

Thankfully we aren't forced to pick between them, "neither" is the current status quo and will do quite nicely for the foreseeable future.

Not yet.