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17 Duke J. Const. L. & Pub. Pol'y Sidebar 1 (2021-2022)

handle is hein.journals/dukjppsid17 and id is 1 raw text is: NOTE PAVING THE WAY FOR MIND- READING: REINTERPRETING COERCION IN ARTICLE 17 OF THE THIRD GENEVA CONVENTION JOHN ZARRILLI* INTRODUCTION Mind-reading is no longer a concept confined to the world of science-fiction: Brain reading technologies are rapidly being developed in a number of neuroscience fields.' One obvious application is to the field of criminal justice: Mind-reading technology can potentially aid investigators in assessing critical legal questions such as guilt, legal insanity, and the risk of recidivism.2 Two current techniques have received the most scholarly attention for their potential in aiding interrogators in determining guilt: brain-based lie detection3 and brain-based memory detection.4 Neurologically inspired brain-based lie detection is akin to a polygraph test, and primarily relies on functional magnetic resonance imaging (fMRI) to detect deception. The appeal of this brain-based Copyright © 2021 John Zarrilli *J.D. Duke University School of Law, 2022; B.A. Princeton University, 2018. I would like to thank Professor Dunlap for his guidance and encouragement. I would also like to express my sincerest appreciation to my Note Editor Albert Barkan and fellow editors at the Duke Journal of Constitutional Law & Public Policy for their thoughtful feedback. This note is dedicated to my grandparents, John and Rose Maloney. 1. Stephen Rainey et al., Brain Recording, Mind-Reading, and Neurotechnology: Ethical Issues from Consumer Devices to Brain-Based Speech Decoding, 26 SCI. & ENG'G. ETHICS 2295, 2295 (2020). 2. Sjors L.T.J. Ligthart, Coercive Neuroimaging, Criminal Law, and Privacy: A European Perspective, 6 J.L. & BIOSCIENCES 289, 291 (2019). 3. Martha J. Farah et al., Functional MRI-Based Lie Detection: Scientific and Societal Challenges, 15 NATURE REVS. NEUROSCI. 123, 123 (2014). 4. Emily Murphy & Jesse Rissman, Brain-Based Memory Detection and the New Science of Mind Reading, HANDBOOK HUM. MEMORY 1, 18 (Michael Kahana & Anthony Wagner eds., 2020) (forthcoming 2021).

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