Neuroforensics Exploring the Legal Implications of Emerging Neurotechnologies: Proceedings of a Workshop (2018) / Chapter Skim
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2 Use of Neurotechnologies and Neuroscience in Legal Settings: Case Studies
2 Use of Neurotechnologies and Neuroscience in Legal Settings: Case Studies
Pages 9-24
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, and neurologic pain signatures that incorporate multiple measures provide poten tial objective biomarkers of pain that have been introduced in court despite unclear criteria for establishing their sensitivity, specificity, and generalizability (Wager)
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This chapter provides a snapshot of how neuroimaging technologies, among others, have been used to detect deception, identify pain, and decode neuronal activity in the brain, and discusses the contributing role of genetics to predict human behavior and decision making. STATE OF THE ART OF TECHNOLOGIES RELEVANT TO THE LEGAL SYSTEM Riding a wave of expanded interest in the development of neuroscience technology, the BRAIN Initiative and other international projects have generated technologies that enable peering into the living human brain to look for evidence of mental status and other capabilities, said Sanes.
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. To explain the gap between the legal and scientific constructs, Buckholtz offered a hypothetical example of a man charged with a violent crime who performs poorly on tests that measure response inhibition, action cancellation, impulsive choice, and intentional control.
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DETECTING DECEPTION WITH NEUROIMAGING Lie detection using a polygraph, which is generally not admissible in court, is a neuroscience technology that looks at the autonomic nervous system to deduce whether a person is telling the truth or lying, said Sanes. Original lie detection technologies relied on assessment of the peripheral measures of autonomic (sympathetic and parasympathetic)
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Stuart Hoffman, senior scientific advisor for brain injury at the Department of Veterans Affairs, added that among incarcerated felons, there is also a high rate of traumatic brain injury associated with a decoupling of the regulation of blood flow in the brain. Because blood flow is what fMRI measures, the ability to detect deception in individuals with brain injury could be compromised.
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Given the expense and potential prejudicial nature of neuroscientific evidence, Buckholtz emphasized the need for rigorous evaluation of the incremental validity of brain imaging data over behavior itself or actuarial measures. IDENTIFYING PAIN THROUGH NEUROIMAGING Pain intersects with legal issues in cases related to determining qualifications for disability, workers' compensation, or insurance benefits, as well as in determining the size of those awards and as evidence in tort claims, said Tor Wager, professor of psychology and neuroscience at the University of Colorado Boulder.
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579 (1994) , the Supreme Court ruled that Federal Rules of Evidence regarding expert testimony super sede Frye.
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, exposure BOX 2-2 Consensus Criteria for Establishing Biomarkers of Chronic Pain, as Recommended by a Presidential Task Force of the International Association for the Study of Pain (Davis et al., 2017) Presented by Tor Wager • Precisely defined measures • Replicated and applied without adjustment across laboratories, pain variants, and populations • Sensitive and specific to pain • Generalizable to patient group and test setting
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An optimal pat tern of brain activity from different brain regions is deduced using machine learning techniques. SOURCES: Presented by Wager, March 6, 2018; Wager et al., 2013.
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Gallant and colleagues have built a "brain viewer" that combines fMRI with machine learning methods to make complicated, detailed, 3D functional maps of information encoded in the brain during semantic or visual tasks.3 Every brain location represents multiple related kinds of information, and every type of thought is represented in a network of regions across the brain, said Gallant. So, for example, if one thinks about a dog, more than a dozen different brain locations represent different aspects of the concept of dog: how dogs look and sound, memories of previous dogs one has encountered, emotional reactions to dogs such as fear, and so on.
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Because EEG signals are intrinsically noisy, a proof-of-concept study required collecting large amounts of data from 13 individuals, presented multiple times over multiple sessions, with 54 faces and developing a procedure to map specific components of the EEG signal onto specific facial features. The results of this study indicated that EEG indeed supports facial image reconstruction; although the perceptual quality of the reconstructions was poor, according to Nestor (Nemrodov et al., 2018)
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Gallant predicted that the next generation of fMRI will markedly improve the spatial resolution and improve the quality of spatial maps, but still will not address the time issues. The accuracy of brain models has also advanced in recent years due to advances in computer power and machine learning technologies, he said.
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. GENETIC CONTRIBUTIONS TO BEHAVIOR PREDICTION DNA has entered the realm of the law primarily based on the idea that genetic variation gives each individual a unique "genetic barcode." However, Benjamin Neale, assistant professor in the Analytic and Translational Genetics Unit at Massachusetts General Hospital, noted that genetic variation also influences mental illnesses such as schizophrenia and bipolar disease and may also contribute to behavioral characteristics such as the propensity for violence.
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Importantly, said Neale, the cardiology community has incorporated traditional epidemiological risk factors such as age, sex, cholesterol levels, and smoking status into these risk scores to come up with a composite score that does a much better job of predicting heart attack risk. Similarly, in the context of adjudicating the degree to which someone has a tendency toward violence, Neale advocated examining not only genetics but behavior as well, rather than treating these two factors in isolation.
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Neale noted that the field of genetics is rapidly evolving, and as a result, even many commonly accepted associations between genes and behavior have proven unreliable.
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