By

Ryan Jaslow /

CBS News/ March 12, 2013, 5:45 PM

"Truth serum" eyed in James Holmes trial: What is it?

"Truth serum" is in the spotlight in the trial of James Holmes, the 25-year-old accused of killing 12 people and wounding dozens more in a shooting rampage inside an Aurora, Colo. movie theater last July.

According to the Associated Press, Holmes' attorney told a court Tuesday that he was not ready to enter a plea, but the judge entered a not guilty plea for him and said he could later change the plea to not guilty by reason of insanity.

Had Holmes plead guilty by reason of insanity, he would be examined by doctors at a state mental hospital and could be given "truth serum" under court order to determine whether he was legally insane, according to CBS Crimesider.

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Judge enters "not guilty" plea for James Holmes

The process is known as a "narcoanalytic interview," and it occurs when patients are given drugs to lower their inhibition.

But will the drugs actually get people to tell the truth?

Dr. Michael Aronoff, a clinical professor of psychiatry and attending psychiatrist at Lenox Hill Hospital in New York City, expressed his doubts.

"Insanity is a legal defense, it is not a medical diagnosis," he told CBSNews.com. "Therefore, if you're using a medical procedure to try and establish a legal criterion, it's not going to work."

Doctors or law enforcement try to use a truth serum to get a person to share a desired piece of information. Classically, substances like sodium amytal and sodium thiopental (Pentothal) were the substances of choice.

Aronoff said when you give a person a drug that depresses the brain and central nervous system -- even alcohol -- it may lead to decreases in judgement and critical thinking. The aim in this state is to get people to let their inhibitions down and reveal something they were either trying to hide or something that they may not even realize they knew.

But, just because you're inhibiting or suppressing a person's state with drugs doesn't mean what's coming out is truthful, he said. What could happen is the drugs can free up "word salad" -- a mishmash of thoughts and impressions that are brought to the surface. Aronoff, who has a background in forensic psychiatry, says there is no definitive scientific evidence that shows giving these medications is a reliable way of evaluating the truth.

"There are no reliable lie detectors.," he said. "None"

What's more, Aronoff argued this inhibited state could make a person more vulnerable to inadvertent suggestion or manipulation, which can lead to cases of "false memory syndrome," in which therapists plant seeds that present as memories once the patient is fully recovered.

Some pieces of information may be truthful, others may be complete nonsense that are given under duress to try to please the people around them, he said.

"They might spill some beans, but you don't know what those beans are," said Aronoff.

Other experts outside of medicine agreed truth serum is infrequently used.

"If a defendant loses his right to remain silent because the court has authorized the use of drugs that make him talk, that would raise all sorts of fifth amendment issues that both sides would have to address," William Shepherd, chair of the criminal justice section of the American Bar Association, told The Guardian. He said use of a truth drug was highly unusual in the United States.

Karen Steinhauser, a former prosecutor who is a law professor at the University of Denver and a defense attorney, said she could not find any case law about use of the narcoanalytic interview, though the technique is allowed by Colo. law.

"It comes up so rarely," she said, telling the Associated Press she knows nothing about it.

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    Ryan Jaslow is CBSNews.com's health editor.

5 Comments Add a Comment
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kkelley2358 says:
I don't get it. The man booby-trapped his apartment and attacked movie-goers out for a fun evening as if they were lambs being led to the slaughter. 1) Who cares if he was insane or not? 2) He needs to be put out of our misery ASAP 3) The only defense for taking another's life is self-defense and that is not applicable here 4) Why jam up our prisons and court system when he is as guilty as sin; he knows it, we know it and there are plenty of witnesses
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klinsley12 replies:
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I dont get it. Why is it that plenty of witness testimony clarifies that someone helped holmes get into the theater but investigations completely ignore the possibility without putting forth evidence that could counter it, no video footage from the theater was used in the case. Why is it that a well educated and wealthy individual snaps all of a sudden, decides to buy outrages amounts of firepower, gear, & bombs just to kill 12ppl, comply with officers immediately, no resistance, no shots fired @ police. The man boobytrapped his apartment just to warn police almost immediately after arrest so they dont get hurt?? Holmes studied new forms of psychological development throughout college known as 'temporal illusions', he has been involved in cutting edge research making him a possible person of interest for certain governmental agencies. i would suggest researchering Operation MK-Ultra in order to understand why such a profession would be of interest to governments.
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berlinfoto-2009 says:
We have free press in the United States, that is not to say that the mass media gives us all the information that we need to make day to day decisions.
One truly has to consult what could be referred to alternative press. Some of what is considered alternative press are books.
"all components necessary to produce behavioral conditioning, including ways to provide contextual significance, can be applied from a distance (i. e., without direct brain contact, as was necessary in older behavior modification experiments.) "SECRET AND SUPPRESSED BANNED IDEAS & HIDDEN HISTORY" Edited by Jim Keith.
If the technology exist, you can bet your bottom dollar that it is being used.
Our supposedly free press says that it does exist.
There are those in government and power that want to take firearms away form us.
One other argument about this technology, ask you politicians about how many files they have on people who are referred to a wavies.People who have filed complaints about being harassed by Microwaves. Special note it is usually infrared light and not microwaves, but how does one tell the difference, one can not see either one.
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superfly885 says:
There are so many other ways to extract information from a person on their own free will, without using any drugs, violating ANY laws or being unconstitutional in any way... At the conclusion of my sessions, a person is incapable of faking a desired mental state.
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Pooua says:
This has "bad idea" written all over it!

I'm reasonably certain the US Supreme Court would decide the Colorado law allowing these sorts of drugs interrogations to be unconstitutional.
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