Cephos fMRI lie detection evidence are likely admissible in court because:
- The U.S. Supreme Court has reviewed fMRI evidence in Roper v. Simmons to aid in the determination of when a person may be tried as an adult. Therefore the Supreme Court and neuroscientists have supported the use of fMRI in real-world settings.
- Federal and state judges state that they would allow this into their courtroom because the minimum requirements for Daubert have been met.
- Independent law review articles support the admissibility of fMRI lie-detection.
- The minimum requirements for admissibility of scientific evidence under the U.S. Supreme Court ruling Daubert v. Merrell Dow Pharmaceuticals, are likely met. Daubert criteria are listed below;
- Whether the theory can or has been tested. The theory has been tested by numerous academic groups and one commercial group. Academic groups such as MUSC, Harvard, Columbia, University of Pennsylvania, University of Sheffield, University of Chicago, University of Texas - Houston, University of Texas Southwestern Medical Center - Dallas and international groups in Japan and Germany all conclude that fMRI can distinguish between lies and truths.
- Has been subject to peer review and publication. There are 18 peer reviewed and published papers using fMRI to distinguish between truth and lies. The only non-academice group to publish results is CEPHOS.
- Known or potential error rates. Peer review results support high accuracy.
- Existence and standards concerning its operation. Because the analysis is performed by a computer, standard operating procedures are maintained.
- Whether the theory and technique is generally accepted in the relevant scientific community. There are over 12,000 fMRI publications so the technique is undoubtedly generally accepted.
