Lie-detectors are so 2000-late. One Brooklyn attorney wants to use an fMRI brain scan to get to the bottom of a sexual harassment case, and if it works, it could be a legal milestone. The fMRI measures blood-oxygen levels in the brain, and according to lab studies [PDF] the brain sends more blood to the ventrolateral area of the prefrontal cortex when a person lies. By placing a person's head inside an MRI scanner build with an electrical magnet 10^5 times more powerful than the Earth's magnetic field, scientists can get a 3D image of the brain's blood concentration. Noting that "detecting deception is only an indirect path to the truth through elimination of false leads," the studies have been able to "detect" lies up to 90% of the time.
Lawyer David Levin had his client, who claims temp agency CoreStaff didn't place her in good positions after she complained of sexual harassment on one site, take an fMRI to provide "independent, scientific validation that someone is telling the truth." But many scientists believe the method isn't conclusive enough to be used in courts just yet. NYU neuroscientist Elizabeth Phelps told Wired, "I always come down hard on these companies that are selling it. But these companies are going ahead and making claims already, based on some data that’s not so great, that they can do things that they can’t really do."
However, Brooklyn Law professor Ed Cheng said the machines could help court cases become more efficient. He said that humans are bad at detecting lies just on instinct, and though the fMRI scans aren't perfect, "if we can help the jury make this decision even a little bit better, it’s hard to defend keeping this stuff out." Levin will attempt to use the scan as evidence in court today, and if it gets admitted, it could set precedence for court decisions down the line.
