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http://ssrn.com/abstract=1736288
 
 

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Brain Scans as Evidence: Truths, Proofs, Lies, and Lessons


Francis X. Shen


University of Minnesota Law School

Owen D. Jones


Vanderbilt University - Law School & Dept. of Biological Sciences

February 23, 2011

Mercer Law Review, Vol. 62, p. 861, 2011
Vanderbilt Public Law Research Paper No. 11-2

Abstract:     
This contribution to the Brain Sciences in the Courtroom Symposium identifies and discusses issues important to admissibility determinations when courts confront brain-scan evidence. Through the vehicle of the landmark 2010 federal criminal trial U.S. v. Semrau (which considered, for the first time, the admissibility of brain scans for lie detection purposes) this article highlights critical evidentiary issues involving: 1) experimental design; 2) ecological and external validity; 3) subject compliance with researcher instructions; 4) false positives; and 5) drawing inferences about individuals from group data. The article’s lessons are broadly applicable to the new wave of neurolaw cases now being seen in U.S. courts.

Number of Pages in PDF File: 23

Keywords: neurolaw, law and neuroscience, law and the brain, bioscience, neuroscience and law, Daubert, Frye, lie detection, polygraph, brain scans, fMRI, EEG, Semrau, scientific evidence, admissibility

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Date posted: February 24, 2011 ; Last revised: August 24, 2011

Suggested Citation

Shen, Francis X. and Jones, Owen D., Brain Scans as Evidence: Truths, Proofs, Lies, and Lessons (February 23, 2011). Mercer Law Review, Vol. 62, p. 861, 2011; Vanderbilt Public Law Research Paper No. 11-2. Available at SSRN: http://ssrn.com/abstract=1736288

Contact Information

Francis X. Shen (Contact Author)
University of Minnesota Law School ( email )
Minneapolis, MN
United States
Owen D. Jones
Vanderbilt University - Law School & Dept. of Biological Sciences ( email )
131 21st Avenue South
Nashville, TN 37203-1181
United States
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