http://www.science20.com/inside_science/will_brain_images_and_thoughts_be_protected_under_the_4th_and_5th_amendments-153485
Science has made leaps and bounds in the field of brain science. By studying brain scans and live images of people's brains through MRIs and other machines, scientists can tell to a degree what people are feeling or thinking about. This has been done many times with volunteers in studies, but now people are wondering if something like this could be used in a criminal investigation. Would brain scans be admissible in court, or would that violate one's 5th amendment rights that protect against self incrimination? Some say that in the future brain scans may be treated the same way DNA swabs or urine tests are when collecting evidence in a criminal investigation. Right now, however, the science likely isn't strong enough to be used in court, but in the future it could be.
I think brain scans would probably be treated like lie detector tests in court since both look at brain waves and physical responses to questions. I don't think they would violate the 5th amendment since lie detector tests don't. Of course, looking at the way your brain reacts to certain things in a more sophisticated way than was previously possible is a bit more "invasive" than a lie detector test, but if you think about it there aren't many other differences. If unreliable lie detectors can be used in court, why not brain scans administered by professionals?
This is crazy! I can't believe they have technology that can do this! (My mom was just saying the other day that she remembered when they "downloaded the internet" at her work!) As I have only been in court to adopt Lily, I have no idea really what they consider true evidence, but I agree with London that while it does seem similar to a lie detector, it sounds like a bit more of an invasion of privacy.
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