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Showing posts with the label court evidence

Neuroimaging in the Courtroom

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If just any picture is worth a thousand words, then how much weight should we ascribe to a picture of our own brain? Neuroimaging can be quite compelling, especially when presented in the media as evidence for neuroscientific findings. Many researchers have pointed out though that the general public may be too entranced by fMRI images highlighting which parts of the brain are activated in response to certain stimuli, such as your iPhone , high-fat foods , or even Twitter . Neuro-realism is the idea that attaching a brain scan to a scientific finding suddenly makes the conclusion more credible, and examples of this have populated the media and the scientific literature 1 . But, from where does this theory of “neuro-seduction” really stem and is there even ample evidence to support it? For the first journal club of the new semester Emory undergraduate student and AJOB Neuroscience Editorial Intern Julia Marshall along with Emory professor Scott Lilienfeld discussed the role that neuro...

Neuroethics Journal Club Report: "Creating a false memory in the hippocampus" Ramirez et al. Science 2013

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Our memory can be unreliable, that comes as no surprise. But beyond forgetting where the car is parked or misremembering a date, a perhaps more interesting phenomenon is that of false memories of events that have never happened, or at least not to us directly. In most cases, the fallibility of memory is benign or occasionally embarrassing, but in the courtroom it can have serious consequences. In the final Neuroethics Journal Club of the semester, Emory University graduate student and  AJOB Neuroscience  editorial intern, Katie Strong, led a thought-provoking discussion of Ramirez’s 2013  Science  paper 1  entitled “Creating a false memory in the hippocampus” with a focus on the potential neuroethical implications of this research on the justice system. The discussion paper comes from  1987 Nobel laureate  Susumu Tonegawa’s lab and is in some ways a sequel to their 2012 paper published in  Nature 2 . In both studies this group utilized an elegantl...

Let's talk about "Precrime"

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Last month I blogged a little bit about constitutional protection, lie detection technology, and wildly speculative but totally valid concerns about what happens if someone else could tell what I was thinking. As promised, this month I’m going to follow up with some information about “precrime”: what it is, outside of a science-fiction context, what it could become, and what neuroscientific knowledge contributes to the area. This is a wonderful book ; everyone should go read it. Pre-crime is exactly what it sounds like; it is the science of predicting when crimes are likely to happen and trying to intervene and prevent them. The idea that police officers could prevent crime by predicting it captures the public imagination in a big way, leading to a lot of sensationalism. There were a series of articles starting in 2004 about London’s so-called “Homocide Prevention Unit,” which captured public imagination so much it had a television show based on it. [1] According to more recent reports...

Who Owns My Thoughts?

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I attended the excellent Neuroscience, Law, and Ethics of Lie Detection Technologies Symposium  in May, and as a consequence, I have spent the last month trying to answer questions I hadn’t even thought to ask before: Who owns the thoughts in my head? Could I be compelled to submit them? Can someone else decide that keeping my ideas to myself is a violation of the law or a threat to my country? If they force me to surrender them, do I lose ownership? So this week, I thought I would share some of the things I learned as I tried to find out answers. You can actually  buy this online . I am considering getting it printed on a hat. Two preliminary points: first, I want specify what I mean when I say “compelled” to undergo a brain scan. It seems, at least it seemed to me while sitting in the audience, that Americans are pretty afraid of having someone else read their minds without their permission, or, worse, being forced to have their minds read. This extends even to a si...

Daubert and Frye: Neuroscience in the Courtroom?

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I recently found myself thinking about how we would allow evidence dealing with neuroscience into the courtroom. The question interested me because I wanted to know how our judicial system would differentiate between real and useful evidence versus what may seem no better than allowing a Shaman enter to argue a point based on "evidentiary mysticism".  What I found was that there are two different legal rules for allowing use of neuroscience evidence. The first is the Frye rule and the second is the Daubert rule. Daubert applies in Federal Courts and in States that have adopted it, while the Frye rule applies in all other courts. The difference between the texts of the standards can seem nuanced but presents two different outcomes judicially. Joseph T. Walsh has a great primer on the two rules if you would like to explore them more, but the issue that I would like to deal with here is simple and does not require a complete knowledge of both rules. Basically you just have to un...

Neuroimaging in the Courtroom: Video by Neuroethics Creative Team

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The undergraduate Neuroethics Program Creative Team embarked on making one of their first videos featuring Dr. Paul Root Wolpe .  This short 3 minute video discusses the ethical implications of using neuroimaging as evidence in the courtroom. This video is a teaser for our upcoming event on May 25th at Emory (see below for more information).  Thanks to our Neuroethics Creative Team! Giacomo Waller Sabrina Bernstein Lauren Ladov The Truth About Lies: the Neuroscience, Law, and Ethics of Lie Detection Technologies You Can’t Handle the Truth! The Neuroscience Program, Center for Ethics Neuroethics Program, and the Scholars Program in Interdisciplinary Neuroscience Research (SPINR) are combining forces to hold a symposium on the intersection of neuroscience and law pertaining to the use of fMRI and other lie detection technologies in the courtroom. Drs. Hank Greely , director of the Center for Law and Biosciences at Stanford Law School, Daniel Langleben , a professor of Ps...