It's All in Your Head: Neurotechnological Lie Detection and the Fourth and Fifth Amendments

Developments in Mental Health, Vol. 28, No. 1, January 2009

76 Pages Posted: 22 Feb 2011  

Benjamin Holley

McLean County State's Attorney's Office; University of Virginia - School of Law

Date Written: January 1, 2009

Abstract

Advances in lie detection technology raise important and tricky new legal questions, especially in terms of criminal procedure. This article examines several types of brain-scan-based lie detection, both those being sold now and those that are still several years away from in-the-field use, in terms of the protections of the Fourth and Fifth Amendments. Focusing on the most developed of the technologies - FMRI - the article concludes that proper use of such lie detectors violates neither the Fourth nor Fifth Amendments.

Keywords: fMRI, lie detection, criminal procedure, NTLD

Suggested Citation

Holley, Benjamin, It's All in Your Head: Neurotechnological Lie Detection and the Fourth and Fifth Amendments (January 1, 2009). Developments in Mental Health, Vol. 28, No. 1, January 2009. Available at SSRN: https://ssrn.com/abstract=1765985

Benjamin Holley (Contact Author)

McLean County State's Attorney's Office ( email )

Bloomington, IL
United States

University of Virginia - School of Law

580 Massie Road
Charlottesville, VA 22903
United States

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