ABSTRACT
This chapter describes functional magnetic resonance imaging (fMRI), outlines its likely legal uses, and surveys the framework of evidence rules that will govern the admissibility of fMRI testimony and images in American courts. It analyses the admissibility of fMRI evidence in general. One approach to this is based on precedent: the cases dealing with positron emission tomography (PET) and SPECT evidence may tell something about how courts are likely to treat fMRI evidence. Another approach addresses the conceptual and methodological underpinnings of fMRI. Admissibility and probative value are likely to depend instead on relevant features of the particular case in which the evidence is offered. The chapter examines the conceptual and methodological underpinnings of fMRI research conducted by cognitive scientists and psychologists to learn about human behaviors that may be relevant to law. These concepts and methodologies raise questions about the reliability of fMRI for legal purposes, at least given the current state of the science.
