Wednesday, August 26, 2009
What if?....
While I was away at my remote island lair, a large amount of mail from prisoners built up on my desk. I tend to get a lot of mail from prisoners; most are asking that I help them with their cases. Sometimes I do, too, as a pro bono matter. The letters really run the gamut, too-- some are eloquent, while others are crude.
There were two intriguing ones in this stack. One of those was from a man in prison in Arkansas who had written me previously about being resentenced in his federal crack case. I thought he might be eligible for re-sentencing, so I wrote back to him to request that he send me his judgment and presentence investigation report. Today I got another letter from him. He reported that the officials would not let him mail me the documents because "they say you are not a lawyer. You are a professor."
Sigh. I'm a lawyer and a law professor!
The second letter was interesting in a different way. It was from a woman convicted of manslaughter and attempted murder who wanted to know about the development of an infallible brain-scan lie detector test.
The sad truth is that I don't know anything about the development of such a lie detector. But... what if there was one? Think about how much that would change our world! It would, among other things, greatly aid in the prevention of the conviction of innocents. If there was such a thing, should we use it?
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Isn't it much more likely that it would be used on a Fox game show?
Infallible brain scanning lie detector sounds a little bit too much like something out of Minority Report or 1984 for me. If I was accused of something I did not do, I think I would prefer a jury of my peers to judge me rather than a machine.
Infallible brain scanning lie detector sounds a little bit too much like something out of Minority Report or 1984 for me. If I was accused of something I did not do, I think I would prefer a jury of my peers to judge me rather than a machine.
I think RRL already has one and doesn't want anyone else to have an infallible brain scanning lie detector.
The potential for abuse is too great, I think. Plus, what happens when it becomes sentient, as it's almost guaranteed to at some point? Do you really want some autonomous robot that can read your thoughts? I know I don't.
In a related note, both my husband AND my lawyers say that I have a "glass head." That I have NO Poker face.
a Lie detector scanner? Sounds a little too Orwellian or something.
a Lie detector scanner? Sounds a little too Orwellian or something.
I don't think it would work. There's so much about the brain we (read: I) don't understand. For example, what if someone--because of brainwashing, mental illness, or some other cause--actually believed he/she had committed a crime, though they did not? Would that deeply-held belief effect their brain scan--would it look like they were telling the truth, even if they were lying? I don't know.
Better question: out of all the people in the world, why did she decide YOU not only knew about the brain scanner, but would be willing to share the information with her?
Better question: out of all the people in the world, why did she decide YOU not only knew about the brain scanner, but would be willing to share the information with her?
Maybe not that farfetched...
http://www.law.stanford.edu/news/details/3086/The%20fMRI%20Brain%20Scan:%20A%20Better%20Lie%20Detector%3F/
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http://www.law.stanford.edu/news/details/3086/The%20fMRI%20Brain%20Scan:%20A%20Better%20Lie%20Detector%3F/
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