An Overview of the Technical Limitations of Applying the fMRI Method in Neurolaw

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PETOFT ARIAN

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Journal Paper

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Journal: Bioethics Journal Year:2019 | Volume:9 | Issue:34 Page(s): 95-107

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Information Journal Paper

Title

An Overview of the Technical Limitations of Applying the fMRI Method in Neurolaw

Author(s)

PETOFT ARIAN | Issue Writer Certificate

Keywords

Neurolaw

Technical Limits

Neuroscientific

fMRI

EEG

Abstract

Background and Aim: Similar to the other sciences, there are theoretical and technical challenges in Neurolaw science. This study provides an overview of the current limitations of fMRI-based lie detection technique in the context of Neurolaw. Materials and Methods: In this narrative review the current limitations of fMRI-based lie detection technique are discussed in summary to depict a scientific realm of Neurolaw in this regard. Findings: Some of the technical limitations that Neurolaw faces are derived from deficiencies in current neuroscience techniques and employing Neuroscientific evidence in judicial procedurs. Currently, the complexity of the human brain, on the one hand and some errors of the neuroscience tools, on the other hand, have been led to a legal conservative approach in employing neuroscience findings. It seems that the main limitations resulted from the problems with fMRI-based experiments. Regarding to some major drawbacks in fMRI research, Neuroscientific evaluations of subjective experiences have not been properly validated by judges for three reasons: shortage of the findings; involvement of other subjective experiences in the legal review of events; unusual mental states of individuals in legal events. Conclusion: Thus, despite the useful application of fMRI evidence in law, such presumptions are still used alongside other evidence in judicial proceedings (adjunct presumption) and lie-detection techniques are not judicially admissible yet.

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APA: Copy

PETOFT, ARIAN. (2019). An Overview of the Technical Limitations of Applying the fMRI Method in Neurolaw. JOURNAL OF BIOETHICS, 9(34 ), 95-107. SID. https://sid.ir/paper/952390/en

Vancouver: Copy

PETOFT ARIAN. An Overview of the Technical Limitations of Applying the fMRI Method in Neurolaw. JOURNAL OF BIOETHICS[Internet]. 2019;9(34 ):95-107. Available from: https://sid.ir/paper/952390/en

IEEE: Copy

ARIAN PETOFT, “An Overview of the Technical Limitations of Applying the fMRI Method in Neurolaw,” JOURNAL OF BIOETHICS, vol. 9, no. 34 , pp. 95–107, 2019, [Online]. Available: https://sid.ir/paper/952390/en

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