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.).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 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 with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?