SPECIAL EDUCATION IN URBAN SCHOOLS: IDEAS FOR A CHANGING LANDSCAPE: NOTE: WEIGHING THE ADMISSIBILITY OF fMRI TECHNOLOGY UNDER FRE 403: FOR THE LAW, fMRI CHANGES EVERYTHING--AND NOTHING + Skip over navigation
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Copyright (c) 2013 Fordham Urban Law Journal
Fordham Urban Law Journal

SPECIAL EDUCATION IN URBAN SCHOOLS: IDEAS FOR A CHANGING LANDSCAPE: NOTE: WEIGHING THE ADMISSIBILITY OF fMRI TECHNOLOGY UNDER FRE 403: FOR THE LAW, fMRI CHANGES EVERYTHING--AND NOTHING +



+ This title is a play on the title of an influential neuroscience article. See Joshua Greene & Jonathan Cohen, For the Law, Neuroscience Changes Everything and Nothing, 359 PHIL. TRANSACTIONS ROYAL SOC'Y. B BIOLOGICAL SCI. 1775 (2004).

December, 2013

Fordham Urban Law Journal

41 Fordham Urb. L.J. 715

Author

Justin Amirian *

Excerpt

INTRODUCTION

Assuming that society and the justice system possess an inherent interest in truth, 1 what social benefit justifies what would arguably be the most intimate invasion of privacy possible? 2 What is the role of the jury, and what purpose does it serve within the larger confines of our justice system? 3 Is it possible to utilize lie detection technology without displacing the jury's role and purpose? 4

What does it mean for evidence to be reliable? How reliable must evidence be before we allow it to be considered by the jury? Would that level of reliability be different if the evidence was only shown to a judge? Does the requisite level of reliability differ for different kinds of evidence? 5 In determining reliability, why must a judge use scientific norms to assess legal relevance? 6 If lie detection becomes sufficiently reliable under legal standards, will it be admissible in court?

These are but a few of the questions that the advent of deception detection using functional magnetic resonance imaging (fMRI) has raised. This Note only purports to definitively answer the last of these questions: whether lie detection, if it becomes sufficiently reliable under legal standards, will be admissible in court, while shedding light on at least some of the others. As an established scholar in the field of neuroimaging recently pointed out, the comparisons of this technology to the mind-reading lore of 1984, Minority Report, and Inception are premature, generating debates that are "too ...
 
 
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