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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