MRI and the Law

Paper Summary:

This paper explores the use of functional magnetic resonance imaging (fMRI) and its relationship to lie detecting. This new approach, known as "brain fingerprinting," is described in terms of its admissibility to a court case and its impact on the verdict. The paper also examines some new technology in lie detecting, including current products on the market. The paper also includes a literature review and analysis of recent studies in neuroscience as they relate to the area of lie detection. The author examines the controversy surrounding neurodiagnostic techniques and their use in court. The author concludes that that neuroscience holds great possibilities and promise for both prosecution and defense attorneys, yet more research is needed in this field.

Outline
Introduction
Neuroscience and the 'No-Lie' fMRI
Figure 1
Comparison of Ethical, Legal and Social Issues in Genetics and Functional Neuroimaging
Figure 2
Encoding conditions performed during fMRI scanning
Legal and Ethical Implications
Figure 3
Types of Testing Identified as Admissible in Court
Summary and Conclusion

From the Paper:

"Neuroscience is stated to be the "science concerned with the development, structure, function, chemistry, and pharmacology and pathology of the human nervous system...and is directed at exploring the architecture and functions of the brain as well as the effects of stimuli on part of the brain and cerebral performance." (Committee on Science and Law, 2005) There are three main areas of research in neuroscience, which are: (1) Imaging of the brain and other neurodiagnostic techniques; (2) Exertion of influence on the brain; and (3) Design and construction of the brain." (Committee on Science and Law, 2005) Technological innovations have changed the methods of investigations conduction on the part of authorities throughout the entire history of the criminal justice system. A new technology holds the potential to "revolutionize the investigatory landscape" and that technology is "Brain Fingerprinting" (BF). (Taylor, 2007) Brain Fingerprinting is an examination "...designed to determine if particular information is familiar to a test subject in a specific context (such as that of a crime)." (Taylor, 2007) The way that brain fingerprinting works is a testing to see if the individual is "familiar with a particular place, time or action, and does so using brain monitoring technology that is nearly impossible to deceive." (Taylor, 2007) The technology of brain fingerprinting is actually the monitoring of brain wave impulses. There are four phases of a criminal case in which brain fingerprinting may be used which are those of: (1) Investigation; (2) Interviewing; (3) Scientific testing; and (4) Adjudication." (Taylor, 2007) "

Sample of Sources Used:

• Taylor, Erich (2007) A New Wave of Police Interrogation? Brain Fingerprinting, The Constitutional Privilege against Self-Incrimination and Hearsay Jurisprudence WWW.jltp.uiuc.edu/works/Taylor.htm
• Pope, Harrison (nd) The Emperor's Tailoring. FMS Foundation Newsletter. Online available at: http://www.fmsfonline.org/fmsf96.d31.html
• Stetler, Russell and Wayland, Kathleen (2004) Capital Cases - Dimension of Mitigation. June 2004. Online available at: http://209.85.165.104/search?q=cache:8FdkQI0WFDsJ:www.fd.org/pdf_lib/Capital%2520CasesDimensions%2520of%2520Mitigation%2520Stetler.pdf+MRI:+forensics,+determination+of+guilt+or+innocence&hl=en&ct=clnk&cd=50&gl=us.
• Are Your Thoughts Your Own?: Neuroprivacy and the Legal Implications of Brain Imaging (2003) The Committee on Science and Law. Online available at: http://www.abcny.org/pdf/report/Neuroprivacy-revisions.pdf
• Samuel L. Smithers v. State of Florida . Appeal from the Circuit Court in and for Hillsborough County, State of Florida. Online available at: http://www.floridasupremecourt.org/clerk/briefs/pre_2000/96000/96690_ini.pdf

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