Cherry-Picking Memories: Why Neuroimaging-Based Lie Detection Requires a New Framework for the Admissibility of Scientific Evidence under FRE 702 and Daubert

Abstract

Neuroimaging techniques have been in heavy rotation in the news lately. Increasingly, companies have been using neuroimaging techniques - specifically, functional magnetic resonance imaging (fMRI) - in an attempt to determine whether an individual is telling a falsehood. More troubling, these companies have proffered factual conclusions for use in jury trials. This article discusses the capabilities and limitations of the technique. In doing so, the article also discusses why the technology will require the Federal judiciary to reevaluate its current interpretation of Federal Rule of Evidence 702 and the Daubert doctrine for admitting novel sources of scientific evidence.

Keywords: Lie Detection, fmri, Law, Jurisprudence, Daubert, Evidence, 702, Courts, Judiciary, Magnetic Resonance Imaging, Neuroimaging, Admissibility