ARTICLE: FMRI and BF Meet FRE: Brain Imaging and the Federal Rules of Evidence Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2007 Boston University School of Law
American Journal of Law & Medicine

ARTICLE: FMRI and BF Meet FRE: Brain Imaging and the Federal Rules of Evidence

2007

33 Am. J. L. and Med. 319

Author

Mark Pettit, Jr. +

Excerpt

I. INTRODUCTION

Picture this: a party to a lawsuit proposes to show jurors images of a human brain to support its claim or defense. The other party objects, and the trial judge must make a ruling. What determines how the judge will rule? That is the question I attempt to address.

I begin in Part II by describing very briefly some existing methods of brain imaging--how they work and what they try to do--and cataloging some possible uses of these methods in courtrooms. Part III discusses current legal standards of admissibility of scientific evidence under the Federal Rules of Evidence (FRE). Part IV examines the particular problem of scientific evidence offered to establish that a person was or was not telling the truth. Part V provides a brief history of some past attempts to introduce brain-imaging evidence into courtrooms. The article concludes with some general comments on the issues facing judges when parties to lawsuits offer brain-imaging evidence. I will not try to evaluate the science underlying the various brain-imaging methods for the good reason that I am not trained or otherwise competent to do so. I will try to stick to matters of law--to describe court rulings and the approaches and standards derived from those rulings. I will try to avoid making predictions, but I will have to settle for keeping predictions to a minimum.

II. SOME EXISTING BRAIN-IMAGING METHODS AND THEIR POSSIBLE USES IN COURTROOMS

A. CURRENT METHODS OF BRAIN IMAGING

Although I briefly describe ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities