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27 Dev. Mental Health L. 1 (2008)
Waiting in the Wings - The Admissibility of Neuroimagery for Lie Detection

handle is hein.journals/dvmnhlt27 and id is 77 raw text is: DEVELOPMENTS IN MENTAL HEALTH LAW The Institute of Law, Psychiatry & Public Policy - The University of Virginia Volume 27. Number 2 July 2008 Waiting in the Wings? The Admissibility of Neuroimagery for Lie Detection By Eric K. Gerard* Anyone who has proclaimed violence his method inexorably must choose lying as his principle. --Aleksandr Solzhenitsyn1 I. Introduction Perhaps even more than civil proceedings, the criminal trial demands the truth. For one, the stakes are simply too high to brook prevarication. If a person misleads the court in a criminal trial, the defendant may lose his liberty or even his life. Alternatively, the community will see its interests in justice and security undercut if the guilty are let free due to specious testimony. Finally, fulfillment of the prosecutor's unique duty in criminal proceedings to arrive at the correct outcome- be it conviction, acquittal, or dismissal of the charges-depends on the veracity of the * J.D. anticipated 2009 from the University of Virginia School of Law; M.A. in American foreign policy anticipated 2009 from the School of Advanced International Studies (SAIS) at Johns Hopkins University. The author would like to thank Professor Hafemeister for his generous guidance and unstinting patience in the creation and refinement of this article. Correspondence may be directed to ekgerard@email.virginia.edu. 1 Jack F. Matlock, Jr., The Dreamer: The World According to Gorbachev, 79(1) FOREIGN AFF. 168, 168 (Jan.-Feb. 2000) (quoting Solzhenitsyn's 1970 Nobel Prize acceptance lecture). Also in This Issue: Phoebe Geer, Justice Served? The High Cost of Juvenile Sex Offender Registration ............. 33 Developments in the USSC ........ 53 Upcoming ILPPP Programs ....... 60 Developments in Virginia ..... 61 Developments in Other States... 66 Other Developments ............... 71 information that the prosecutor receives and ultimately provides to the courts. Each of these actors has a vested interest in ensuring that the tribunal hears only the truth. Accompanying these interests, however, are concerns that individuals may have compelling motives to lie. The culpable defendant may do so to avoid imprisonment or death. Witnesses for the government or the defense may deceive the court to procure leniency in their own proceedings, to cover up their own involvement in criminal activity, or to help a friend, family member, or associate escape punishment. Clearly, dissemblance by any of these actors can vitiate a verdict and carries the potential for gross injustice. I Juv20

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