Copyright (c) 2015 Maryland Law Review
Maryland Law Review
SYMPOSIUM: 2015 MARYLAND CONSTITUTIONAL LAW SCHMOOZENEURO LIE DETECTION AND MENTAL PRIVACY
Maryland Law Review
75 Md. L. Rev. 163
Madison Kilbride* and Jason Iuliano +
The success of any judicial system is predicated on the ability of judges and jurors to distinguish truths from lies. Given that humans are highly fallible in this regard, there is immense interest in developing a scientific technique that reliably detects deception. Currently, the polygraph examination is the most widely used form of scientific lie detection. However, given its lack of accuracy, few U.S. jurisdictions allow polygraph evidence to be admitted in court. 1 At present, new techniques and technologies are being developed to fill this void by providing a scientifically valid and accurate method of lie detection. Functional magnetic resonance imaging ("fMRI") is one technology that may have the potential to help the legal system decipher truths from lies.
An fMRI is a neural imaging procedure that measures brain activity by observing changes in blood flow. More specifically, the technology detects the delivery of oxygenated blood to neurons that have just fired. In this way, fMRI helps researchers understand which parts of the brain respond to particular stimuli. In clinical settings, it has a broad range of applications. For instance, fMRI has already been used to plan neurosurgical procedures, diagnose psychiatric disorders, and examine the effects of drugs and behavioral therapy.
Given the potential uses of fMRI in legal proceedings, several commercial firms have already begun marketing this technology for its lie detection capabilities. One of the major companies in the field, No Lie MRI, boasts an accuracy rate over ninety percent. 2 Even though ...
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