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If You Could Read My Mind

Modern advances in the neurosciences have allowed investigators to correlate the activity of brain centers with behavioral and mental states in a manner previously unimaginable. Emergent technologies capable of imaging neural activity and electrophysiological recording are making it possible to “look into” the brain of an individual and determine the activity of nerve cell circuitry that is the basis of the individual’s current behavior and mental state. Techniques such as functional magnetic resonance imaging (fMRI) have shown great promise, both as diagnostic tools for the evaluation of injury or disease in the central nervous system and investigative tools by which the correlation of behaviors, including deception, and their underlying neural activity can be measured and evaluated. Such neurological methodologies have also excited the interest of attorneys. The search for legal applications of scientific methods for measuring brain activity extends back over more than two centuries. Both phrenology and polygraphy (lie detectors) were once thought to hold great promise as tools for the evaluation of the mental state and veracity of defendants and witnesses in civil and criminal trials. However, although it was the first systematic attempt to link brain structure and behavior, phrenology was generally discredited by the early twentieth century. The argument over the scientific legitimacy of polygraphs continues to the present day, but polygraph evidence