Brain Imaging and the Bill of Rights

8 AM. J. BIOETHICS 34 (2008)

5 Pages Posted: 9 Apr 2008 Last revised: 4 Aug 2012

See all articles by Dov Fox

Dov Fox

University of San Diego: School of Law

Date Written: 2008


Novel methods of memory detection promise to transform criminal justice. Neural test results provide information on the basis of which to resolve contested factual disputes in criminal trials. Because forensic neurotechnology measures involuntary brain activities, these techniques promise superior reliability over traditional polygraph machines, which measure physiological functions that a subject may be able to control and learn to manipulate. I consider whether evidence produced by these technologies is admissible in criminal or civil trials and the conditions under which their use would and would not violate constitutional guarantees afforded by the Fourth, Fifth, and Sixth Amendments.

Keywords: brain imaging, criminal justice, memory detection, juries, EEG, fMRI

JEL Classification: K14, O31

Suggested Citation

Fox, Dov, Brain Imaging and the Bill of Rights (2008). 8 AM. J. BIOETHICS 34 (2008). Available at SSRN:

Dov Fox (Contact Author)

University of San Diego: School of Law ( email )

5998 Alcalá Park
San Diego, CA 92110
United States
(619) 260-4600 (Phone)

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