Searching Minds by Scanning Brains

This book examines the ethical and legal challenges presented by modern techniques of memory retrieval, especially within the context of potential use by the US government in courts of law. Specifically, Marc Blitz discusses the Fourth Amendment's protections against unreasonable searches and the Fifth Amendment's self-incrimination clause. He also argues that we should pay close attention to another constitutional provision that individuals generally don't think of as protecting their privacy: The First Amendment's freedom of speech. First Amendment values also protect our freedom of thought, and thisnot simply our privacyis what is at stake if government engaged in excessive monitoring of our minds.

Will be of interest to researchers examining the implications that neuroscience has for legal questions Presents a novel exploration of the constitutionality of neuroimaging of certain mental activity, focusing especially on the Fourth, Fifth, First, and Fourteenth Amendments Represents an original contribution to the emerging field of neurolaw

Auteur
Marc Jonathan Blitz is Alan Joseph Bennett Professor of Law at Oklahoma City University, USA, and series editor of Palgrave Studies in Law, Neuroscience, and Human Behavior.

Contenu

1. Introduction.- 2. Constitutional Puzzles (and (Neuro)technological Changes.- 3. Lie Detection, Mind Reading, and Brain Reading.- 4. The Fifth Amendment: Self-Incrimination and the Brain.- 5. The Fourth (and First) Amendment.- 6. Conclusion.