Neuroscience Evidence, Legal Culture, and Criminal Procedure

38 Pages Posted: 25 Jun 2006  

Michael S. Pardo

University of Alabama School of Law

Abstract

Proposed lie-detection technology based on neuroscience poses significant challenges for the law. The law must respond to the science with an adequate understanding of such evidence, its significance, and its limitations. This paper makes three contributions toward those ends. First, it provides an account of the preliminary neuroscience research underlying this proposed evidence. Second, it discusses the nature and significance of such evidence, how such evidence would fit with legal practices and concepts, and its potential admissibility. Finally, it analyzes the constitutional protections that may limit the compelled production of such evidence.

Keywords: neuroscience, fMRI, lie detection, deception, prior knowledge, fourth amendment, fifth amendment, self-incrimination

Suggested Citation

Pardo, Michael S., Neuroscience Evidence, Legal Culture, and Criminal Procedure. American Journal of Criminal Law, Vol. 33, p. 301, 2006; U of Alabama Public Law Research Paper No. 910958. Available at SSRN: https://ssrn.com/abstract=910958

Michael S. Pardo (Contact Author)

University of Alabama School of Law ( email )

P.O. Box 870382
Tuscaloosa, AL 35487
United States

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