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I Can Read Your Mind...in Court?

Posted February 12, 2010 7:36 AM

Advances in neuroscience and psychology are having an affect on more than just medicine: some are discussing the effects these disciplines might have on broader society, especially our legal systems. Imagine if a jury could convict a person by reading his or her mind or in some way assessing a person's guilt or innocence. Is this a good application of cognitive science, or a frightening decline to a big-brother-like society? Can our subjective thoughts ever truly be correctly assessed by others, even with scientific tools and technology?

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#1

Re: I Can Read Your Mind...in Court?

02/12/2010 12:21 PM

I hope this is highly contested as I see it your not actually talking about reading some one mind. What they talk about is comparing electrical signals from the brain. These signals can tell someone what emotion the persons feeling. But they don't tell what set the motion in play. They can't read the mind.

Example some one question about the death of their spouse. May trigger guilt feelings because of an argument had just before the spouse's death.

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#2

Re: I Can Read Your Mind...in Court?

02/13/2010 1:03 AM

Two words - Minority Report

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#3

Re: I Can Read Your Mind...in Court?

02/13/2010 3:28 AM

So, how does this work for socialopaths? Or haven't they work that out yet.

p911

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#7
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Re: I Can Read Your Mind...in Court?

02/14/2010 4:29 PM

Right, I saw an article in Nature a couple years ago, about mind reading terrorist intentions. They conceded they could not distinguish a sociopath from a fighter pilot or a firefighter. People who have to put their emotions on hold, vs weeping out hysterically like a reality show contestant, don't have the brain pattern they consider "normal".

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#4

Re: I Can Read Your Mind...in Court?

02/13/2010 9:56 AM

It sounds like lazy law to me. With "infallible" mental and physical assesments of guilt (or innocence - but you can't prove a negative - right?) the first move would be to obviate trial by jury, since juries are expensive, inconvenient and non-objective. Why bother with courtroom evidence? Nor would the judge be required to have any critical reasoning capacity. Outcomes could be decided in the lab - the modern day Star chamber.

Until we understand the nature and workings of consciousness and, in general, have far more more highly developed personal empathy than is presently evident, such testing will generate nonsense results, just like other currently proposed truth deciding methods. Bearing down heavily when writing is supposed to indicate "lying", therefore a person writing with their non-dominant hand, for whatever reason, is "lying" - not to their own selves being true, I guess. Another silly test of "truth-telling" is whether or not a person will 'look you in the eye' when they're speaking. A lot of that is cultural, may have to do with relative perceived status, may also indicate that the person not looking doesn't like or mistrusts the person they're speaking to, or simply that the speaker is a shy person.

I have enough trouble knowing what I think sometimes, without some lab tech weighing in with an opinion.

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#5

Re: I Can Read Your Mind...in Court?

02/14/2010 11:37 AM

I am surprised to see this use of medical technology being pushed in spite of the limitations and concerns that have been raised. I assume that the agenda can be traced to the industry that produces and sells the machines.

It is obvious that these imaging technologies cannot meet the standard of certainty required in the law. Their use to sway the opinion of a jury - or an investigating officer - would be reckless. This has been pointed out in the Neuroethics literature - Wolpe and others have outlined some of the well-founded basis for 'reasonable doubt'.

Wolpe points out an interesting fact, that MRI images appear to be a picture of the subject's brain, when in fact they are a graphic representation of data, superimposed on a template image of a brain, not necessarily the subject's own.

He raises the issue, that vulnerability of these technologies to countermeasures is unknown. He doesn't specify measures, so I assume he is thinking of training-related countermeasures (we've all heard of that in EEG).

In fact, there are technical means of falsifying EEG and MRI results, available in the same industry. Unless the subject has been screened physically for those means, the assumption that lie-detectors, EEG / other electrical modalities, or MRI are useable for justice purposes is unfounded. False results can be produced, with or without the knowledge and intent of the subject being tested, by devices so convenient they can be installed in seconds by hypodermic injection.

Take as examples two devices with potential for other criminal applications: the sacral plexus stimulator has vice applications (see "Orgasmatron"); the vagus nerve stimulator (VNS) reliably causes choking - remote means of coercion. SPS is low on the spine: VNS is usually in the neck, although the nerve meanders through the body and connects heart lungs and stomach to the brain. New products have produced the required brain effects by transcutaneous device on the tragus - so multiple locations for a device are feasible therefore the opportunity to hide it (or "overlook" it).

In the literature, electrical modalities are affected by stimulators, as in these reports where stimulators were found to be the cause of artifacts when the patient was being tested for other things. Sacral stimulators produce artifacts in EMG and ECG. I didn't find anything about EEG changes produced by these, maybe it has not been studied. VNS produces artifacts in EMG, and there is even evidence that the mechanism of VNS action in epilipsy treatment is "EEG desynchronization", as well as producing chronic EEG changes during therapy. It's reasonable to conclude that there's a risk an injectable device could be used to defeat conventional lie detectors as well as EEG.

What about MRI? Too obvious. Lots of studies showing VNS effects both acute and chronic are measured by fMRI as well as EEG. Not only that, VNS affects some of the same areas used to detect lies (superior medial prefrontal cortex).

The same industry that is pushing lie detection has never established protocols in medical imaging for the medical means of falsifying their results. From a justice perspective, I would be concerned about the established laxity of standards in diagnostic imaging, which allows scientific requirements - addressing and acknowledging sources of error - to be waived. This is far from meeting the forensic standard required to eliminate reasonable doubt.

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#9
In reply to #5

Re: I Can Read Your Mind...in Court?

02/15/2010 5:19 AM

I'm not......with the over abundance of attorney's, they need the work so they can challenge it.

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#6

Re: I Can Read Your Mind...in Court?

02/14/2010 11:50 AM

As several have stated that this is not foolproof and there would be a problem with sociopaths and individuals who are quilt ridden from the get-go, and about every little thing that happens around them (paranoid delusional and such). But I think the issue here is that it has nothing to do with whether it is viable or not, but that it can be used by those that would and do like to control the masses and tell them how and what to think. I can see this being used to frame people and as a tool to facilitate general witch hunts. Any time you take away the right of a person to think and feel as he wishes, or try to control or manipulate those liberties you are treading on holy rights. It is our individual responsibility to speak out against such offenses and and make known to governments and to those who appoint judges and make laws that this would be a violation of our Constitutional Rights to a fair trial by a jury of our peers. The place of a judge is to interpret the laws (outline by the Bill of Rights and the Constitution) of the State in which the trial takes place, not to determine whether someone is innocent or guilty.

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#8
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Re: I Can Read Your Mind...in Court?

02/14/2010 4:40 PM

Methods that appear to be scientific when they are not are the perfect means of "framing people" or "general witch hunts" like you said. They have no place in a democracy.

In Wolpe's paper linked above and reviewed in this video, figures are presented that show conventional lie detectors had a 10% failure rate in people who lied 50% of the time, and a 20% failure rate in people who lied only 1% of the time.
The more truthful you are, the higher the failure rate. It's clearly biased against the innocent. No wonder it's not allowed in court.

According to the wiki, MRI lie detection claimed a 78% success rate. That's not good enough for court. They made a further claim, that they could increase that success rate to 90% by extensively studying the subject's thought patterns with MRI.

90% is still not enough to rule out reasonable doubt. But the concept of extensively studying the suspect to improve the prediction rate is seriously flawed. The persons promoting the test have an interest in boosting the score. Allowing them more extensive access to the subject is a gross violation of human rights - for nothing - and providing an opportunity for self-interested fraud and the "witch hunt".

That's over and above the fact the persons administering and evaluating these tests are not even professionally bound by scientific reporting standards. I'd say the justice system would be better off calling the industry's bluff for all of their uses of diagnostic imaging in forensic matters. Where's the forensic protocol for any such application and report? Not at the American or Candian Radiology Associations.

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#10

Re: I Can Read Your Mind...in Court?

02/16/2010 8:53 PM

I am not guilty of most things - however I would not want anyone to know all my thoughts.

And what if your wife was to get one of those machines?

You might be having a really bad day then your boss just chewed you out - and he could read your mind?

I would doubt that such a machine will ever be truly reliable (hopefully), therefore will not be permitted in court.

The theorem that no two finger prints are alike is just that a theory, but is accepted as Gospel fact by almost everyone. Lie detctors have proved to be fualty and are not accepted in most courts.

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#11

Re: I Can Read Your Mind...in Court?

02/17/2010 6:30 AM

It will be to a point when an article will claim, After you are born a DNA test will deteremined that you will commit a serious crime by the time you are 21.........

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#12
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Re: I Can Read Your Mind...in Court?

02/17/2010 10:59 AM

I wish it was a joke. But biological determinists are all too real. The whole focus on genetics gives them a place to lurk, and an opportunity to stoke their political agendas in the guise of science. Yes, there are "scientists" who hope to find "criminality" in the genome. That would allow them to criminalize whole families (or even races). There are also "scientists" who believe they can localize criminality in the brain - they are looking for criminal anatomy. Maybe a "lesion" or something they have means to put there themselves, in this day and age. How convenient.

The people who want to use science to support a persecutory agenda against the innocent - including the supposed "mind reading" - are the same ones who can't handle the genuine test of science, and who gloss over the inadequacy of the experimental results. They are more comfortable with fraud because they cannot bear any challenge to their delusional hatreds and obsessions.

Personally I would like to have a look at the brains, EEG's, MRI's and genes of the determinists and wannabe "mind readers", and see how they measure up

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#13
In reply to #12

Re: I Can Read Your Mind...in Court?

02/18/2010 10:24 AM

They are currently looking into testing (Healthwise) to see if your insurable

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#14
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Re: I Can Read Your Mind...in Court?

02/18/2010 3:05 PM

Maybe there's an up side to the Obama health plan...

Otherwise we are just going to have to pull natural medicine up by the boots and make it free or diy.

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#15
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Re: I Can Read Your Mind...in Court?

02/19/2010 7:01 AM

Otherwise we are just going to have to pull natural medicine up by the boots and make it free or diy.

Thanks to big Pharms..they like to make everything a disease.....that way you can not even say vitamins are good for you.

p911

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#16
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Re: I Can Read Your Mind...in Court?

02/19/2010 4:22 PM

With no offense intended to legitimate and genuine medical doctors (of which I am sure there are many still struggling to do an honest job) medicine in this day and age is more of a syndicate than a profession. Imagine a self-regulating brotherhood where your first duty is to protect your brothers, not to serve your patients, and where your education and role is to dispense the drugs provided by big pharma, and lap up the pharma gravy if you're so inclined. That's what it looks like from this end.

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#17
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Re: I Can Read Your Mind...in Court?

02/19/2010 7:19 PM

Imagine a self-regulating brotherhood where your first duty is to protect your brothers,

You mean like the bar is to attorneys

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#18
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Re: I Can Read Your Mind...in Court?

02/20/2010 7:22 AM

ha ha. I guess this chat has come full circle... back to the murky waters of the justice system.

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#19
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Re: I Can Read Your Mind...in Court?

02/22/2010 6:39 AM

The Greek from which we obtain "pharmacist" is pharmakeus and literally means "poisoner".

Just thought I'd mention it, no aspersions meant to be cast

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#20
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Re: I Can Read Your Mind...in Court?

02/22/2010 6:08 PM

how.....appropriate

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