Document Type

Working Paper

Publication Date

3-8-2018

SSRN Discipline

BioRN Subject Matter eJournals; Litigation, Procedure & Dispute Resolution eJournals; LSN Subject Matter eJournals; Constitutional Law, Jurisprudence & Legal Philosophy eJournals; Biology Research Network; Legal Scholarship Network; PRN Subject Matter eJournals; Criminal Law & Procedure eJournals; Philosophy Research Network; Law School Research Papers - Legal Studies; CSN Subject Matter eJournals; Cognitive Science Network; Humanities Network; Law, Brain & Behavior eJournals

Abstract

This chapter discusses recent studies on fMRIbased lie detection In Minds Brains and Law Dennis Patterson and I examined the scholarly literature and judicial opinions on the topic and we discussed several empirical and conceptual issues affecting the use of such evidence in legal settings In this chapter I focus on two conceptual issues and examine several studies that have been published since the publication of our book The conceptual issues concern 1 the distinction between deception and lying and 2 the concept of lying itself or the criteria for what constitutes a lie As with the array of studies that we examined previously the morerecent studies also face serious limitations because of these issues

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