Washington University in St. Louis - Department of Neurology; Washington University in St. Louis - Mallinckrodt Institute of Radiology; Washington University in St. Louis - Department of Biomedical Engineering; Washington University in St. Louis - Department of Neuroscience
Some studies have reported the ability to detect lies, with a high degree of accuracy, by analyzing brain data acquired using functional magnetic resonance imaging (fMRI). But is this new technology ready for its day in court?
This consensus knowledge brief from the MacArthur Foundation Research Network on Law and Neuroscience takes a closer look at the potential and pitfalls of fMRI lie detection techniques, providing insight into the areas of the brain involved in lying, the impact of memory on deception, how countermeasures may foil our efforts to detect lies, and factors that can create cause for concern about experimental validity.
Keywords: lie detection, polygraph, memory, deception, evidence, neuroscience, law and neuroscience, neurolaw, brain, brain imaging, brain scan, neuroimaging, functional magnetic resonance imaging, fMRI, behavioral biology, cognitive neuroscience, cognitive psychology
Wagner, Anthony D. and Bonnie, Richard J. and Casey, BJ and Davis, Andre and Faigman, David L. and Hoffman, Morris B. and Jones, Owen D. and Montague, Read and Morse, Stephen J. and Raichle, Marcus E. and Richeson, Jennifer and Scott, Elizabeth S. and Steinberg, Laurence and Taylor-Thompson, Kim A. and Yaffe, Gideon, fMRI and Lie Detection (2016). MacArthur Foundation Research Network on Law and Neuroscience, 2016
, Vanderbilt Law Research Paper No. 17-10, Available at SSRN: https://ssrn.com/abstract=2881586
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Russell B. Korobkin at UCLA School of Law, Jeffrey Evans Stake at Indiana University Maurer School of Law, Amanda C. Pustilnik at University of Maryland Francis King Carey School of Law, Francis X. Shen at University of Minnesota - Twin Cities - School of Law