Mind reading, brain fingerprinting and the law

January 20, 2010, Wiley

What if a jury could decide a man's guilt through mind reading? What if reading a defendant's memory could betray their guilt? And what constitutes 'intent' to commit murder? These are just some of the issues debated and reviewed in the inaugural issue of WIREs Cognitive Science, the latest interdisciplinary project from Wiley-Blackwell, which for registered institutions will be free for the first two years.

In the article "Neurolaw," in the inaugural issue of WIREs Cognitive Science, co-authors Walter Sinnott-Armstrong and Annabelle Belcher assess the potential for the latest cognitive science research to revolutionize the legal system.

Neurolaw, also known as legal , builds upon the research of cognitive, psychological, and social neuroscience by considering the implications for these disciplines within a legal framework. Each of these disciplinary collaborations has been ground-breaking in increasing our knowledge of the way the human brain operates, and now neurolaw continues this trend.

One of the most controversial ways neuroscience is being used in the courtroom is through 'mind reading' and the detection of mental states. While only courts in New Mexico currently permit traditional lie detector, or polygraph, tests there are a number of companies claiming to have used neuroscience methods to detect lies. Some of these methods involve electroencephalography (EEG), whereby is measured through small electrodes placed on the scalp. This widely accepted method of measuring brain electrical potentials has already been used in two forensic techniques which have appeared in US courtrooms: brain fingerprinting and brain electrical oscillations signature (BEOS). Brain fingerprinting purportedly tests for 'guilty knowledge,' or memory of a kind that only a guilty person could have. Other forms of guilt detection, using (fMRI), are based on the assumption that lying and truth-telling are associated with distinctive activity in different areas of the . These and other potential forms of 'mind reading' are still in development but may have far-reaching implications for court cases.

"Some proponents of neurolaw think that neuroscience will soon be used widely throughout the legal system and that it is bound to produce profound changes in both substantive and procedural law," conclude the authors. "Other leaders in neurolaw employ a less sanguine tone, urging caution so as to prevent misuses and abuses of neuroscience within courts, legislatures, prisons, and other parts of the legal system. Either way we need to be ready to prevent misuses and encourage legitimate applications of neuroscience and the only way to achieve these goals is for neuroscientists and lawyers to work together in the field of neurolaw."

Related Stories

Recommended for you

Research reveals atomic-level changes in ALS-linked protein

January 18, 2018
For the first time, researchers have described atom-by-atom changes in a family of proteins linked to amyotrophic lateral sclerosis (ALS), a group of brain disorders known as frontotemporal dementia and degenerative diseases ...

Fragile X finding shows normal neurons that interact poorly

January 18, 2018
Neurons in mice afflicted with the genetic defect that causes Fragile X syndrome (FXS) appear similar to those in healthy mice, but these neurons fail to interact normally, resulting in the long-known cognitive impairments, ...

How your brain remembers what you had for dinner last night

January 17, 2018
Confirming earlier computational models, researchers at University of California San Diego and UC San Diego School of Medicine, with colleagues in Arizona and Louisiana, report that episodic memories are encoded in the hippocampus ...

Recording a thought's fleeting trip through the brain

January 17, 2018
University of California, Berkeley neuroscientists have tracked the progress of a thought through the brain, showing clearly how the prefrontal cortex at the front of the brain coordinates activity to help us act in response ...

Midbrain 'start neurons' control whether we walk or run

January 17, 2018
Locomotion comprises the most fundamental movements we perform. It is a complex sequence from initiating the first step, to stopping when we reach our goal. At the same time, locomotion is executed at different speeds to ...

Miles Davis is not Mozart: The brains of jazz and classical pianists work differently

January 16, 2018
Keith Jarret, world-famous jazz pianist, once answered in an interview when asked if he would ever be interested in doing a concert where he would play both jazz and classical music: "No, that's hilarious. [...] It's like ...

0 comments

Please sign in to add a comment. Registration is free, and takes less than a minute. Read more

Click here to reset your password.
Sign in to get notified via email when new comments are made.