The Future of Neurolaw
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
The Future of Neuroimaged Lie Detection and the Law
The University of Akron IdeaExchange@UAkron Akron Law Review Akron Law Journals June 2015 The uturF e of Neuroimaged Lie Detection and the Law Joelle Anne Moreno Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Follow this and additional works at: http://ideaexchange.uakron.edu/akronlawreview Part of the Science and Technology Law Commons Recommended Citation Moreno, Joelle Anne (2009) "The uturF e of Neuroimaged Lie Detection and the Law," Akron Law Review: Vol. 42 : Iss. 3 , Article 3. Available at: http://ideaexchange.uakron.edu/akronlawreview/vol42/iss3/3 This Article is brought to you for free and open access by Akron Law Journals at IdeaExchange@UAkron, the institutional repository of The nivU ersity of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Review by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. Moreno: The Future of Neuroimaged Lie Detection and the Law 8-MORENO_COPYFORPRINTER.DOC 4/27/2009 12:43 PM THE FUTURE OF NEUROIMAGED LIE DETECTION AND THE LAW Joëlle Anne Moreno∗ I. How Should Law Prepare to Respond to Cognitive Neuroscience? .................................................................. 722 A. The Potential Influence of Cognitive Neuroscience on Law ...................................................................... 722 B. Neuroimages in Court ................................................ 723 C. Cognitive Neuroscience Evidence in Court ............... 723 C. Extra-Legal Uses of Cognitive Neuroscience ............ 732 II. How Should Law (and Law Professors) Respond to Cognitive Neuroscience? ................................................. 733 A. Understanding the Value and Limits of Cognitive Neuroscience ............................................................ -
Program AALS Supporters
AALS.ORG/AM2017 #AALS2017 Program AALS Supporters Sustaining ($50,000 and above) Gold ($7,500 – $14,999) Access Group ABA Section of Legal Education and Law School Admission Council* Admissions to the Bar* West Academic Bloomberg Law* Carolina Academic Press* Lawdragon* Platinum ($15,000 – $49,999) Arnold & Porter Silver ($3,000 – $7,499) Covington & Burling Cravath Complete Equity Markets* K&L Gates Diablo Custom Publishing* Microsoft* The Froebe Group* National Association for Law Placement O’Melveny & Myers Bronze ($1,000 – $2,999) Paul Weiss Proskauer Boston University School of Law* Sidley Austin Clorox Starbucks iLaw* Sullivan & Cromwell The John Marshall Law School* Wachtell Santa Clara University School of Law* Williams & Connolly Stanford Law School* WilmerHale Texas Tech University School of Law* University of California, Hastings College of Law* University of Washington School of Law* University of Nevada, Las Vegas, William S. Boyd School of Law* William S. Hein, Co., Inc.* iLaw * 2017 Annual Meeting Sponsor 111th Annual Meeting WHY LAW MATTERS Tuesday, January 3 – Saturday, January 7, 2017 Hilton San Francisco Union Square | Parc 55 San Francisco – a Hilton Hotel aals.org/am2017 | #aals2017 Welcome to San Francisco for the 111th Annual Meeting of the Association of American Law Schools We are pleased to welcome you to San Francisco for the 111th Annual Meeting of the Association of American Law Schools. Our dynamic, vibrant schedule of programs has been planned to offer valuable information and professional development no matter where you are in your career. Our slate of events, formal and informal, and other opportunities will provide time to connect with colleagues from around the country. -
Machine Learning-Based Lie Detector Applied to a Novel Annotated Game Dataset Nuria Rodriguez Diaz, Decky Aspandi, Federico Sukno, and Xavier Binefa
JOURNAL OF LATEX CLASS FILES, VOL. 14, NO. 8, AUGUST 2015 1 Machine Learning-based Lie Detector applied to a Novel Annotated Game Dataset Nuria Rodriguez Diaz, Decky Aspandi, Federico Sukno, and Xavier Binefa Abstract—Lie detection is considered a concern for everyone in the periorbital- [6] or perinasal-region [7] in thermal imagery, their day to day life given its impact on human interactions. Thus, which cannot be perceived by human vision. people normally pay attention to both what their interlocutors One of the crucial aspects to appropriately address lie- are saying and also to their visual appearances, including faces, to try to find any signs that indicate whether the person is detection research is the availability of adequate datasets. The telling the truth or not. While automatic lie detection may help acquisition of training and, especially, evaluation material for us to understand this lying characteristics, current systems are lie detection is a challenging task, particularly regarding the still fairly limited, partly due to lack of adequate datasets to necessity to gather ground truth, namely, to know whether a evaluate their performance in realistic scenarios. In this work, we person is lying or not. The main difficulty arises because such have collected an annotated dataset of facial images, comprising both 2D and 3D information of several participants during a knowledge is not useful if the scenario is naively simulated card game that encourages players to lie. Using our collected (e.g. it is not sufficient to instruct a person to simply tell dataset, We evaluated several types of machine learning-based a lie). -
Another Perspective on “Neurolaw”: the Use of Brain Imaging in Civil
Another perspective on “neurolaw”: the use of brain imaging in civil litigation 233 Call Another perspective on “neurolaw”: the use of brain imaging in civil litigation regarding mental competence Sonia Desmoulin-Canselier ABSTRACT: The hypothesis of a rise of “neurolaw” shall not be accepted as an obvious and universal truth without taking civil cases and civil law into consideration. This ar- ticle is intended as a contribution to the discussion, analyzing rulings on cases which mentioned MRIs and brain scans as evidence to challenge the validity of civil legal in- struments, based on a claim of mental incompetence (also called “insanité”) in France and in the USA The aim of the study is to test an hypothetical “fascination ef- fect” on judges and to evaluate the true impact in civil jurisprudence of this type of evidence. KEYWORDS: Brain imaging; mental competence; civil litigation; comparison France/USA SOMMARIO: 1. Introduction – 2. Admitting brain images as evidence – 3. Evaluating the persuasiveness of brain images – 4. Conclusion. 1. Introduction n Western countries, genetic science and techniques profoundly modified important branches of criminal and civil law, leading scholars to revise fundamental legal concepts, such “the per- I son”, “parentage”, “proof” and “identity”1. Now they face potential new disruptions arising from the neurosciences. In the past few decades, progress in neuroimaging has provided new possi- bilities for visualizing and conceptualizing the anatomy and function of the brain – i.e. the biological substrate for the human “inner self”, “will”, “identity”, “responsibility” and “dignity”. Some legal scholars, dealing with the implications of these new findings and techniques, are outlining the con- cept of “neurolaw”, forged in the United States2 and now spreading all over the world3. -
The Problem with Neurolaw
Saint Louis University Law Journal Volume 58 Number 2 (Winter 2014) Article 7 2014 The Problem with NeuroLaw David W. Opderbeck Seton Hall University School of Law, [email protected] Follow this and additional works at: https://scholarship.law.slu.edu/lj Part of the Law Commons Recommended Citation David W. Opderbeck, The Problem with NeuroLaw, 58 St. Louis U. L.J. (2014). Available at: https://scholarship.law.slu.edu/lj/vol58/iss2/7 This Article is brought to you for free and open access by Scholarship Commons. It has been accepted for inclusion in Saint Louis University Law Journal by an authorized editor of Scholarship Commons. For more information, please contact Susie Lee. SAINT LOUIS UNIVERSITY SCHOOL OF LAW THE PROBLEM WITH NEUROLAW DAVID W. OPDERBECK* ABSTRACT This Article describes and critiques the increasingly popular program of reductive neuroLaw. Law has irrevocably entered the age of neuroscience. Various institutes and conferences are devoted to questions about the relation between neuroscience and legal procedures and doctrines. Most of the new “neuroLaw” scholarship focuses on evidentiary and related issues, and is important and beneficial. But some versions of reductive neuroLaw are frightening. Although they claim to liberate us from false conceptions of ourselves and to open new spaces for more scientific applications of the law, they end up stripping away all notions of “selves” and of “law.” This Article argues that a revitalized sense of transcendence is required to avoid the violent metaphysics of reductive neuroLaw and to maintain the integrity of both “law” and “science.” * Professor of Law, Seton Hall University Law School, and Director, Gibbons Institute of Law, Science & Technology. -
The Realities of Neurolaw: a Composition of Data & Research
University of St. Thomas Journal of Law and Public Policy Volume 9 Issue 2 Spring 2015 Article 1 January 2015 The Realities of Neurolaw: A Composition of Data & Research Zurizadai Balmakund Follow this and additional works at: https://ir.stthomas.edu/ustjlpp Part of the Health Law and Policy Commons Recommended Citation Zurizadai Balmakund, The Realities of Neurolaw: A Composition of Data & Research, 9 U. ST. THOMAS J.L. & PUB. POL'Y 189 (2015). Available at: https://ir.stthomas.edu/ustjlpp/vol9/iss2/1 This Article is brought to you for free and open access by UST Research Online and the University of St. Thomas Journal of Law and Public Policy. For more information, please contact the Editor-in-Chief at [email protected]. THE REALITIES OF NEUROLAW: A COMPOSITION OF DATA & RESEARCH ZURIZADAI BALMAKUND* "Matching neurological data to legal criteria can be much like performing a chemical analysis of a cheesecake to find out whether it was baked with love."' INTRODUCTION The purpose of the law is to protect the interests of society, and promote justice. The following paper explores how the interests of justice are challenged and strengthened by the introduction of interdisciplinary research. Today the integration of law and neuroscience is at the forefront of legal admissibility. Cognitive neuroscience has the potential to contribute a great deal to the legal profession, but the question is whether neuroscience is prepared to make those contributions right now.2 In order to answer this question, medical researchers, scholars, and legal professionals need to gauge whether neuroscience can measure criminal responsibility. -
Will There Be a Neurolaw Revolution?
Will There Be a Neurolaw Revolution? ∗ ADAM J. KOLBER The central debate in the field of neurolaw has focused on two claims. Joshua Greene and Jonathan Cohen argue that we do not have free will and that advances in neuroscience will eventually lead us to stop blaming people for their actions. Stephen Morse, by contrast, argues that we have free will and that the kind of advances Greene and Cohen envision will not and should not affect the law. I argue that neither side has persuasively made the case for or against a revolution in the way the law treats responsibility. There will, however, be a neurolaw revolution of a different sort. It will not necessarily arise from radical changes in our beliefs about criminal responsibility but from a wave of new brain technologies that will change society and the law in many ways, three of which I describe here: First, as new methods of brain imaging improve our ability to measure distress, the law will ease limitations on recoveries for emotional injuries. Second, as neuroimaging gives us better methods of inferring people’s thoughts, we will have more laws to protect thought privacy but less actual thought privacy. Finally, improvements in artificial intelligence will systematically change how law is written and interpreted. INTRODUCTION ...................................................................................................... 808 I. A WEAK CASE FOR A RESPONSIBILITY REVOLUTION.......................................... 809 A. THE FREE WILL IMPASSE ......................................................................... 809 B. GREENE AND COHEN’S NORMATIVE CLAIM ............................................. 810 C. GREENE AND COHEN’S PREDICTION ........................................................ 811 D. WHERE THEIR PREDICTION NEEDS STRENGTHENING .............................. 813 II. A WEAK CASE THAT LAW IS INSULATED FROM REVOLUTION .......................... -
Emotions and Deception Detection
Emotions and Deception Detection Mircea Zloteanu Division of Psychology and Language Sciences University College London, UK A dissertation submitted in part fulfilment of the requirement for the degree of Doctor of Philosophy in Psychology Prepared under the supervision of Dr. Daniel C. Richardson September 2016 1 I, Mircea Zloteanu, confirm that the work presented in this thesis is my own. Where information has been derived from other sources, I confirm that this has been indicated in the thesis. Signature 2 Abstract Humans have developed a complex social structure which relies heavily on communication between members. However, not all communication is honest. Distinguishing honest from deceptive information is clearly a useful skills, but individuals do not possess a strong ability to discriminate veracity. As others will not willingly admit they are lying, one must rely on different information to discern veracity. In deception detection, individuals are told to rely on behavioural indices to discriminate lies and truths. A source of such indices are the emotions displayed by another. This thesis focuses on the role that emotions have on the ability to detect deception, exploring the reasons for low judgemental accuracy when individuals focus on emotion information. I aim to demonstrate that emotion recognition does not aid the detection of deception, and can result in decreased accuracy. This is attributed to the biasing relationship of emotion recognition on veracity judgements, stemming from the inability of decoders to separate the authenticity of emotional cues. To support my claims, I will demonstrate the lack of ability of decoders to make rational judgements regarding veracity, even if allowed to pool the knowledge of multiple decoders, and disprove the notion that decoders can utilise emotional cues, both innately and through training, to detect deception. -
Brain Activity During Simulated Deception: an Event-Related Functional Magnetic Resonance Study
NeuroImage 15, 727–732 (2002) doi:10.1006/nimg.2001.1003, available online at http://www.idealibrary.com on RAPID COMMUNICATION Brain Activity during Simulated Deception: An Event-Related Functional Magnetic Resonance Study D. D. Langleben,1 L. Schroeder, J. A. Maldjian,* R. C. Gur, S. McDonald, J. D. Ragland, C. P. O’Brien, and A. R. Childress Department of Psychiatry and *Department of Radiology, University of Pennsylvania, Philadelphia, Pennsylvania 19104 Received May 30, 2001; published online January 4, 2002 cations and there is a strong general interest in objec- The Guilty Knowledge Test (GKT) has been used tive methods for its detection (Holden, 2001). extensively to model deception. An association be- Multichannel physiological recording (polygraph) is tween the brain evoked response potentials and lying currently the most widely used method for the detec- on the GKT suggests that deception may be associated tion of deception (Office of Technology Assessment, with changes in other measures of brain activity such 1990). The effectiveness of the polygraph in the study as regional blood flow that could be anatomically lo- and detection of deception is limited by reliance on calized with event-related functional magnetic reso- peripheral manifestations of anxiety (skin conduc- nance imaging (fMRI). Blood oxygenation level-depen- tance, heart rate, and respiration) (Office of Technol- dent fMRI contrasts between deceptive and truthful responses were measured with a 4 Tesla scanner in 18 ogy Assessment, 1983). Scalp-recorded event-related participants performing the GKT and analyzed using potentials (ERPs) have also been used in the study of statistical parametric mapping. Increased activity in deception. -
Neurolaw Or Frankenlaw? the Thought Police Have Arrived Brain
Volume 16, Issue 1 Summer 2011 Neurolaw or Frankenlaw? Brain-Friendly The Thought Police Have Arrived Case Stories By Larry Dossey, MD Part Two Reprinted with the author’s permission “This technology . opens up for the first time the possibility of punishing By Eric Oliver people for their thoughts rather than their actions.” —Henry T. Greely, bioethicist, Stanford Law School Without the aid of trained emotions the intellect is powerless against the animal organism.” Wonder Woman, the fabulous comic book heroine, wields a formidable - C. S. Lewis weapon called the Lasso of Truth. This magical lariat makes it impossible for anyone caught in it to lie. FIRST THINGS FIRST American psychologist William Moulton Marston created Wonder After the August, 1974 resig- Woman in 1941. He hit a nerve; Wonder Woman has been the most popular nation of Richard Nixon, an apoc- Continued on pg. 32 ryphal story began making the media rounds. It seems one of the major outlets had run a simple poll, asking respondents who they had voted for in the previous presi- dential race: McGovern or Nixon. have a most productive and practical contribution According to the results, Nixon had to share with you from my friend and consulting lost to “President” McGovern by a colleague, Amy Pardieck, from Perceptual Litigation. No stranger to these pages, Katherine James, landslide! Whether it is true or not, of ACT of Communication, makes the case that ac- the story rings of verisimilitude. Hi All – tors and directors have known for decades what tri- What the pollsters didn’t measure, Welcome to the second issue of the new al attorneys interested in bridging the gap between and which would have been much Mental Edge. -
Forensic Psychiatry and Neurolaw: Description, Developments, and Debates
International Journal of Law and Psychiatry 65 (2019) 101345 Contents lists available at ScienceDirect International Journal of Law and Psychiatry Forensic psychiatry and neurolaw: Description, developments, and debates Gerben Meynen ⁎ Department of Criminal Law, Tilburg Law School, Tilburg University, The Netherlands Department of Philosophy, Faculty of Humanities, Vrije Universiteit Amsterdam, The Netherlands article info abstract Article history: Neuroscience produces a wealth of data on the relationship between brain and behavior, including criminal be- Received 20 January 2018 havior. The research field studying the possible and actual impact of neuroscience on the law and legal practices, Accepted 5 April 2018 is called neurolaw. It is a new and rapidly developing domain of interdisciplinary research. Since forensic psychiatry Available online 30 April 2018 has to do with both neuroscience and the law, neurolaw is of specific relevance for this psychiatric specialty. In this contribution, I will discuss three main research areas in neurolaw – revision, assessment, and intervention – and explore their relevance for forensic psychiatry. I will identify some valuable possibilities as well as some notable challenges – both technical and ethical – for forensic psychiatry regarding neurolaw developments. © 2018 Elsevier Ltd. All rights reserved. 1. Introduction psychiatry in particular. Think of the possibility of deep brain stimula- tion (DBS) in treatment of a certain offender group (see Section 4). Neurolaw is a new, rapidly developing field of interdisciplinary re- Since neurolaw derives its relevance not only from the current state of search on the implications of neuroscience for the law and legal prac- neuroscience, but also from anticipated developments, at several points I tices (Meynen, 2014). -
Efficient Lying Involves Self-Deception – Because If You Really Believe Your Lie, Your Limbic System Won't Give You Away
The story “Looking for the Lie” http://www.nytimes.com/2006/02/05/magazine/05lying.html by Robin Marantz Henig New York Times Magazine, February 5, 2006 The pitch Dear Vera, A picture of a brain caught in mid-lie – that’s pretty hard to resist. Think of all the liars you’d love to expose: criminals, terrorists, politicians, philandering spouses, drug- abusing kids. That’s why scientists are trying to develop ways to unmask liars with techniques that go beyond traditional polygraphs – which are notoriously imprecise – or simple hunches – which are notoriously wrong. The next generation of lie detectors will include functional MRI scans, sophisticated electroencephalograms, and beams of light that can be blasted right inside the brain. But as we move closer to an era of high-tech mindreading, we should first take a look at what we know about lying – and whether it’s always such a good idea to uncover it. Is there an evolutionary purpose to deceit? A social purpose? Can anyone live in a community in which lies are always exposed and eliminated? If we can tell with confidence that someone is lying to us, is that something we even want to know? I’d like to propose a piece about lying for the Magazine, either as a 5000-word feature or as a longer cover story that gives me the space to explore the cultural, biological, and evolutionary implications of deception. I will also ask some of the questions raised with any new medical technology: what it can offer, how it can be abused, and whether it will set us off down a “slippery slope” that will lead to information we’d be better off without.