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14 Yale J.L. & Tech. 1 (2011-2012)

handle is hein.journals/yjolt14 and id is 1 raw text is: CHERRY-PICKING MEMORIES: WHY NEUROIMAGING-BASED LIE DETECTION REQUIRES A NEW FRAMEWORK FOR THE ADMISSIBILITY OF SCIENTIFIC EVIDENCE UNDER FRE 702 AND DA UBER T J.R.H. Law* 14 YALE J.L. & TECH. 1 (2011) ABSTRACT Neuroimaging techniques have been in heavy rotation in the news lately. Increasingly, companies have used neuroimaging techniques-specifically, functional magnetic resonance imaging (ftMRI)-in an attempt to determine whether an individual is telling a falsehood More troublingly, these companies have proffered factual conclusions for use injury trials. This Article discusses the capabilities and limitations of the technique. In doing so, the Article also discusses why the technology will require the federal judiciary to reevaluate its current interpretation of Federal Rule of Evidence 702 and the Daubert doctrine for admitting novel sources of scientific evidence. * Litigation associate, Winston & Strawn LLP. The views expressed herein are solely those of the author and should not be attributed to the author's employer or its clients. A.B. (Psychology) Princeton University, 1999; M.A. (Psychology, concentration in cognitive neuroscience) The Johns Hopkins University, 2005; J.D. University of Illinois College of Law, 2010. Law clerk for Judge Michael P. McCuskey, United States District Court for the Central District of Illinois, 2010. I am grateful to Professors Craig Stark and Janice Pea for their invaluable comments on earlier drafts of this article, and to Professor Jennifer Robbennolt and Dr. Craig Bennett for their insight. I would also like to thank my parents and Jasmin Phua for all their support over the many years.

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