Memory Evidence
An interview with Prof. Emily Murphy
Neuroimaging in the Courts
In 2008, a woman in India was convicted of murder for the death of her fiancé on the basis of evidence derived from a brain-based memory detection exam. The test measured brain activity which purportedly indicated that she had personal knowledge of the poisoning of the victim. While such technology is highly controversial and not in common use in U.S. courts, significant advances in brain science now justify analysis of both the potential applications of memory evidence as well as the constitutional implications of doing so.
In part 1 of this 2-part interview, Professor Emily Murphy of UC Hastings Law explains the current state of brain-based memory detection technology and how it differs from lie detection tests. She discusses the hypothetical use cases for forensic purposes and the framework for admissibility of expert testimony under the Daubert standard.
Watch Part 2 of Memory Evidence.
Listen on Podcast
About Prof. Emily Murphy
Emily Murphy is an associate professor of law at UC Hastings Law School. Her research focuses on the intersection of neuroscience, behavioral science, and law. She writes about the use of neuroscience as evidence and how neuroscience and behavioral science shape public policy and legal systems. Her work has been published or is forthcoming in Stanford Law Review, The Journal of Law & the Biosciences, Connecticut Law Review, William & Mary Law Review, Law & Psychology Review, Psychology Public Policy & Law, and Science. Prior to joining UC Hastings, Professor Murphy spent a year as a fellow in the Program in Understanding Law, Science, and Evidence at UCLA Law School. Before that, she practiced law at Munger, Tolles & Olson LLP, handling all aspects of complex commercial litigation, with an emphasis on professional liability and internal investigations. She clerked for the Honorable Richard A. Paez of the U.S. Court of Appeals for the Ninth Circuit. Prior to law school she was a postdoc with Stanford Law School’s Center for Law and the Biosciences as well as the MacArthur Foundation’s Law and Neuroscience Project.
