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28 Dev. Mental Health L. 1 (2009)

handle is hein.journals/dvmnhlt28 and id is 1 raw text is: DEVELOPMENTS IN MENTAL HEALTH LAW The Institute of Law, Psychiatry & Public Policy - The University of Virginia Volume 28. Number 1 Januarv 2009 It's All in Your Head: Neurotechnological Lie Detection and the Fourth and Fifth Amendments By Benjamin Holley* Historically, fundamental decisions regarding the implications of new technologies have occurred very early in the life cycles of those technologies.... These technologies... evolved considerably since the courts originally addressed them, however, the mere existence of these opinions have tended to foreclose fresh analyses.1 I. Introduction A young woman in India was recently charged with murder.2 Although every murder case is unique, the facts of this one were not particularly sordid or memorable. The prosecution alleged that the defendant, conspiring with her current fianc6, poisoned her former fianc6 with arsenic.3 During the * J.D., University of Virginia School of Law. Correspondence may be directed to bh6j@virginia.edu. The author would like to thank Professor Thomas L. Hafemeister and the anonymous peer reviewers for their helpful and insightful comments. 1 Sean K. Thompson, A Brave New World of Interrogation Jurisprudence?, 33 AM. J.L. & MED. 341, 341-42 (2007). 2 State of Maharashtra v. Sharma, Sessions Case No. 508/07, June 12, 2008, available at http:llcourt.mah.nic.in/courtweb/orders/punelpundc is/orders/201501005082007_1.pdf. 3 Id. at 2. Also in This Issue: Amanda Muller, And His Roommate Told Me... : Should Forensic Mental Health Evaluators Be Barred from Recounting Third-Party Statements When Explaining the Basis of their Opinions? ... 25 Developments in the USSC ........ 45 Developments in Virginia ..... 51 Developments in Other Federal Courts ...................... 61 Developments in Other States... 73 criminal investigation, the defendant took- and flunked-two lie detector tests. The first test employed a polygraph. Although this technology is often used in criminal investigations, it is not particularly reliable,4 Joseph H. Baskin, Judith G. Edersheim, & Bruce H. Price, Is a Picture Worth a Thousand Words? Neuroimaging in the Courtroom, 33 AM. J.L. & MED. 239, 265 (2007) (Used for almost a century, [polygraph] reliability is, at best, eighty-five percent with a false positive rate of up to twenty-five percent.).

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