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20-Sep-2020 22:30

While f MRI detection of deception shows promise, and while excellent fundamental research is being conducted, f MRI is not yet ready for deployment in the courtroom.

To explain this conclusion, this Article consists of four sections: (1) a discussion of the phenomena of deception and the difficulties attendant to detecting deception; (2) an accessible primer on MRI, f MRI, and BOLD f MRI technology; (3) a review and analysis of the existent research studies of f MRI detection of deception; and (4) an analysis of why, given the research to date, f MRI detection of deception should not be admitted as substantive evidence in a court of law.

This reception contrasts sharply with that accorded to two fields that have also challenged dominant notions of (legal) rationality: behavioral law and economics, and the emerging field of law and neuroscience.

In this Article, we examine the ambivalent reception of this promising body of work.

Neuroethics and neurolaw are fields of study that involve the interface of neuroscience with clinical and legal decision-making.

The past two decades have seen increasing attention being paid to both fields, in large part because of the advances in neuroimaging techniques and improved ability to visualize and measure brain structure and function.

Finally, recommendations are offered on how forensic psychiatrists can add to this research, given their professional interface between law and medicine.

At stake are the fundamental concerns that surround changing conceptions of the self, sickness, and expectations of medicine.

While there are several practical limits on the biological information that current technologies can measure, these limits—as important as they are—are minor in comparison to the fundamental logical restraints on the conclusions that can be drawn from brain imaging studies.Graph of the Cumulative Total of Law and Neuroscience Publications: 1984-2015 Law and emotions scholarship has reached a critical moment in its trajectory.It has become a varied and dynamic body of work, mobilizing diverse disciplinary understandings, to analyze the range of emotions that implicate law and legal decisionmaking.Click here to learn more about the Law and Neuroscience Bibliography.Sign up here for email notifications on new additions to this bibliography.

While there are several practical limits on the biological information that current technologies can measure, these limits—as important as they are—are minor in comparison to the fundamental logical restraints on the conclusions that can be drawn from brain imaging studies.Graph of the Cumulative Total of Law and Neuroscience Publications: 1984-2015 Law and emotions scholarship has reached a critical moment in its trajectory.It has become a varied and dynamic body of work, mobilizing diverse disciplinary understandings, to analyze the range of emotions that implicate law and legal decisionmaking.Click here to learn more about the Law and Neuroscience Bibliography.Sign up here for email notifications on new additions to this bibliography.We elaborate the pragmatic potential of law and emotions by identifying three dimensions of this scholarship: its capacity to illuminate the affective features of legal problems; its ability to investigate these features through interdisciplinary analysis; and its power to integrate that understanding into practical, normative proposals.