28 Dev. Mental Health L. 1 (2009)

handle is hein.journals/dvmnhlt28 and id is 1 raw text is: DEVELOPMENTS IN
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
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

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