Document Type

Working Paper

Publication Date

6-25-2006

SSRN Discipline

LSN Subject Matter eJournals; Constitutional Law, Jurisprudence & Legal Philosophy eJournals; ERN Subject Matter eJournals; Health Economics Network; Economics Research Network; Legal Scholarship Network; PRN Subject Matter eJournals; Public Choice & Political Economy eJournals; Criminal Law & Procedure eJournals; Philosophy Research Network; Law School Research Papers - Legal Studies; CSN Subject Matter eJournals; Law School Research Papers - Public Law & Legal Theory; Cognitive Science Network; Humanities Network; Law, Brain & Behavior eJournals

Abstract

Proposed liedetection technology based on neuroscience poses significant challenges for the law The law must respond to the science with an adequate understanding of such evidence its significance and its limitations This paper makes three contributions toward those ends First it provides an account of the preliminary neuroscience research underlying this proposed evidence Second it discusses the nature and significance of such evidence how such evidence would fit with legal practices and concepts and its potential admissibility Finally it analyzes the constitutional protections that may limit the compelled production of such evidence

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