About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

6 Okla. J.L. & Tech. 1 (2010)

handle is hein.journals/okjolt6 and id is 1 raw text is: 6 OKLA. J.L. & Tech. 47 (2010) www.okjolt.org THE MOMENT OF TRUTH FOR fMRI: WILL DECEPTION DETECTION PASS ADMISSIBILITY HURDLES IN OKLAHOMA? © 2010 Julie Elizabeth Myers * I. Introduction For decades, authors like George Orwell, Ayn Rand and Ray Bradbury have depicted catastrophic visions of dystopia arising out of our society's advancement: a world where the government sees all and men must fear their own thoughts. Conversely, the ability to prove veracity has been a power sought by society throughout history, evident in all cultures from the oracles of ancient mythology to the veritaserum in the Harry Potter series.2 The clash of these two interests may seem to be exaggerated in novels like 1984, Fahrenheit 451 and Anthem,3 but this balance may soon be evaluated in Oklahoma courts in a very real way. On June 12, 2008, a woman in India was convicted of murder based on evidence that included a brain fingerprinting scan, which essentially analyzed the content of her memory and found her brain to contain stored knowledge regarding the circumstances of the murder.4 This is the first instance of * The author thanks her family for their support during her education, and acknowledges the assistance of Chad Knight, M.D. expected 2012, for providing the author with a working understanding of neuroscience. Further, the author acknowledges the contributions of Joel Huizenga, Steven Laken, Ph.D., and Professor Mary Sue Backus. Lastly, the author gives a special thanks to Professor Liesa Richter for her encouragement as a friend and mentor. 1 RAY BRADBURY, FAHRENHEIT 451 (Simon & Schuster 2003) (1966); GEORGE ORWELL, 1984 (Penguin Books 2003) (1949); AYN RAND, ANTHEM (Coyote Canyon Press 2008) (1938). 2 In the young adult literature series Harry Potter, veritaserum is a powerful magical potion which compels truthful answers from the drinker. J.K. ROWLING, HARRY POTTER AND THE ORDER OF THE PHOENIX 744 (2003). 3 See supra note 1. 4 Anand Giridharadas, India's Novel Use of Brain Scans in Courts Is Debated, N.Y. TIMES, Sept. 15, 2008, at A10. 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most