Visions of Deception: Neuroimaging and the Search for Evidential Truth

Jane Moriarty, University of Akron School of Law

Abstract

The use of science in the search for truth poses consistent evidentiary problems of definition, causation, validity, accuracy, inferential conclusions unsupported by data, and real-world complications. And these evidentiary problems may well be implicated in the forensic use of neuroimages of deception. This article first briefly describes the various types of neuroimaging used to detect deception and describes some of the specific criticisms that have been leveled at the science. Second, the article outlines the standards governing admissibility and explains why the research to date does not yet meet any recognized standards of admissibility. Third, and finally, the article suggests that courts act with restraint in deciding questions of admissibility of such evidence, recognizing the lessons of historical experience with forensic science.