Orwellian fears of mass-government use of neurotechnologies and the rise of a “thought police'' are seemingly moving beyond fiction to the status quo. Novel neurotechnological applications have emerged in the courtroom, in public policy decision-making, and even in legal education through conferences and coursebooks. Municipalities are aware of this move: they have actively funded it. Sustaining this proliferation is millions of dollars worth of research grants from government agencies like The John D. and Catherine T. MacArthur Foundation. [1] Yet, these investments are not without reason. The current applications of neuroimaging technologies—namely fMRI, EEG, and PET scan evidence—are extensive and versatile when verifying the credibility of witness testimony. From proof of inability to waive Miranda rights to inability to form criminal intent, as well as evidence that certain plaintiffs are still experiencing pain after their accidents, the possibilities are endless. [2] The most recent development, the P300 EEG response tool, is already in use by the CIA, though details surrounding usage are currently undisclosed. [3]

Read More