Dear Scottish Commission for Human Rights,

In the West Criminal cases usually place the burden of proof on the prosecutor (expressed in the Latinn brocard et incumbit probatio qui dicit non que negat, "the burden of proof rests on who asserts, not on who denies").One of the earliest attempts to quantifyy reasonable doubt was a 1971 article by Rita Simon and Linda Mahan, "Quantifying Burdens of Proof—A View from the Bench, the Jury, and the Classroom." [8] In a later analysis of the question ("Distributiyns of Interest for Quantifying Reasonable Doubt and Their Applications," 2006[9]) , three students at Valparaiso University presented a trial to groups of students. Half of the students decided the guilt or innocence of the defendant. The other half recorded their perceived likelihood, given as a percentage, that the defendant committed the crime. They then matched the highest likelihoods of guilt with the guilty verdicts and the lowest likelihoods of guilt with the innocent verdicts. From this, the researchers gauged that the cutoff for reasonable doubt fell somewhere between the highest likelihood of guilt matched to an innocent verdict and the lowest likelihood of guilt matched to a guilty verdict. From these samples, they concluded that the standard was between 0.70 and 0.74.
All judges would however assert that such cannot be quantified as that would conflict with their own qualitative judgement. Now most criminal cases would turn on whether someone is lying. To leave that judgement to a person would seem the last choice any person would take. There are however various technologies other than the old polygraph which can be used to quantify a person s assertion that what they are saying is true.Below are three examples.

NITV for example is one of the leaders in voice stress analysis. This can be used covertly to record and analyse someone’s voice for lies.There are various competitors , cheaper versions are even available for new generation of phones such as the Iphone. . Below is the website.

http://www.cvsa1.com/

EEG-Electroencephalography is used to detect changes in brain waves. The article below shows a journalist being tested. Such technology could be available for the average consumer through companies such as’ Emotive gaming’
http://www.abajournal.com/magazine/artic...
fMRI- Functional MRI or functional Magnetic Resonance Imaging (fMRI) is a type of specialized MRI scan. It measures the hemodynamic response (change in blood flow) related to neural activity in the brain or spinal cord of humans or other animals. It is one of the most recently developed forms of neuroimaging .It is thought to be possible to use brain activity differences for truth and lies. Below is an article that tells us something of its use.

http://www.wired.com/wiredscience/2009/0...

Is the use of such technology
1)legal in Britain?
2)Admissable in court?
3)If not why not?

Yours faithfully,

Paul LLB BA

Dear Wilson D (Duncan),

Hello

I'l endeavour to read your e-mail later.I am at present otherwise engaged.

Yours sincerely,

Paul GaffneyLLB BA