As you know, lie detectors are not valid in courts of law. And, as I’ve written, “the law is not science”; we know that there are more than subtle issues at stake. Just because you didn’t lie doesn’t mean you are telling the truth. You may not know the true facts or you could just be mistaken.
But, we do know that fMRI is capable to “reading” our brains, letting observers know what is being activated when we do certain things. Like telling lies. Now, there’s a group in California (MedForLaw) that purports to have but one aim: To use medical and life science technologies to modernize legal systems and reduce corporate and governmental corruption. My problem- the organization is not registered in California, even though it is based there. But, it is involved in one case- in Maryland!
A man is tried for murder. He was convicted- in spite of his continuous protestations that he is innocent. The verdict is put aside. He is on trial again. How to prove he’s innocent? (I am NOT taking sides- I am presenting Gary Smith’s point of view, which may or may not be the “truth”.)
In 2006, Army Ranger Gary Smith may have killed his roommate, Michael McQueen. Smith claims it was the suicide of his friend. As a result of his 2008 trial, he was not convicted of murder, but was convicted of other charges (“depraved second degree murder”) related to the case and could have served up to 50 years in prison. After serving four of those years, the highest court in Maryland (an appeals court) threw out the case, which is why there is a new trial.
So, a Montgomery County (this is suburban DC) court has been examining the use of these new technologies as part of Smith’s defense. The use of fMRI scans were presented as evidence that Gary Smith has been telling the truth that he did not kill McQueen. Three days of pre-trial testimony. But, many researchers claimed that the fMRI can be fooled, by moving a finger or toe (imperceptibly) that lowers the accuracy to 33% or so.
In the end, the judge found the technology interesting, but worried that the fMRI could, indeed, be fooled. As such, these fMRI results will not be included in the trial.
But, I suspect it’s just a matter of time before it is…
Your first paragraph has something I know I will quote you on. I loved it, and I love this article. We’ve been searching for ages for some fool proof way to know whether we are being told the truth. From body language to drugs, and now perhaps this. It is an interesting technology, and yet I think as hard as we work on it I wonder if we really want something like that. For all the good it will do in criminal cases, I would think a better use of it would be political races. 😉 Give me a technology that can be used during political debates and I will work on funding it myself.
Lisa Brandel recently posted..Midnight Angel by Lisa Brandel
Me, too, Lisa.
As much as I dislike surreptitious video, I do find it interesting when folks “drop their drawers” in private- clearly enunciating the positions we KNOW they have and won’t “cop to” in public…
Roy
I’m not sure how much it would help in the political scene. We know lies have been told forever, yet we still choose to hear (or not) what we want. 😉 Oops, my cynical side is showing.
Cathy Miller recently posted..A Simple Communication Tip That Pays Dividends
Knowing lies are told- but having them flash before you as they are discharged from their lips- that’s priceless, Cathy!~
Toe twitching? Who would’ve thought!
Marie Loerzel recently posted..Thick as Thieves
Gives new meaning to various techniques used to force folks to spill the beans, eh, Marie?
Machines can be fooled. Like every lock, if you know how they are programmed, there is a way to pick them.
David Leonhardt recently posted..Anonymous Sources – is it ethical to use them?
David:
It is not clear how much this device can be fooled. And, yes, the fMRI is a manipulated image. But, being the technocrat that I am, I believe the encoding can be effected to disallow “fooling”… We need evidence about the claimed “toe tapping”, too!
So, can the brain scan be fooled by moving a toe? If so, it is not any more able to be used than the lie detector test. Thanks for food for thought, Roy.
Ann Mullen recently posted..Our Home Care Mission
I am not sure that is true- that is what was alleged, Ann. As you can see, I updated the post to announce the verdict – AND the appeal late this morning.
This is the kind of thing I read with curious interest at a distance, but then I hope I am never wrongly accused of something and having to face machines like that!
Cheers, Gordon
The Great Gordino recently posted..The Paralympics – The Olympics Plus Added Wow?
One always hopes to never be falsely accused. But, then, again, you live in Britain, where court cases are not effected at the drop of a feather- unless they are libel cases, which are inimically winnable on your side of the pond, Gordon…
Science & law are and will forever be intertwined. I, personally, applaud the use of science-based technology as it has exonerated many innocent people of heinous crimes. DNA testing, which can now detect even the most minute traces, has freed several men/women who have spent years in prison for crimes they did not commit. As we know, witnesses are often mistaken when identifying perpetrators…so integrating science & technology into the law takes much of the guess work & skewed perceptions out of play.
Lynn Brown recently posted..Work From Home
Hear, hear, Lynn!
I’m with you. The issue that needs addressing, now, is the “interrogation” systems employed by the police…
Hi Roy!
you described such instrument to prove truth. so i think there is no need of evidence in the court if judge have this instrument.i think this should be used in politics so let see how it works in the political field.i like it.
anshul recently posted..Inventory Management Software
That’s what we all can hope, Anshul. And, now that there is an appeal of the case, it is possible that a higher court will review the opinion, deciding that fMRI can be used in a court of law.
Roy
I suppose DNA testing had the same initial skepticism. Luckily we have it now. Not sure what to think of this. Will be interesting to see what develops.
Carolina HeartStrings recently posted..AUTISM – HIGH SCHOOL AND BEYOND…
Yes, I think so, too, Alessa…