Scary fMRI judicial precedent
by Greg on Mar.18, 2009, under Science Life
Reading Jonah Leher is good for your health. He writes of a very alarming story reported by the Stanford Center for Law & the Biosciences. This is some really scary stuff, way worse than propping up DNA “fingerprinting” as the most conclusive test there is:
The case is a child protection hearing being conducted in the juvenile court. In brief, and because the details of the case are sealed and of a sensitive nature, the issue is whether a minor has suffered sexual abuse at the hands of a custodial parent and should remain removed from the home. The parent has contracted No Lie MRI and apparently undergone a brain scan.
The defense plans to claim the fMRI-based lie detection (or “truth verification”) technology is accurate and generally accepted within the relevant scientific community in part by narrowly defining the relevant community as only those who research and develop fMRI-based lie detection. [Note: California follows its own version of the Frye test of admissibility, not the current federal test under Daubert.]
Limiting the “relevant community” to only those who research and develop fMRI based lie detection is without merit, if only because such a definition precludes effective or sufficient peer-review. Indeed, it is arguable such a narrowly-defined community has a strong incentive to exaggerate its claims of accuracy and overlook unanswered questions for financial gain if such techniques are “legally admissible.”
Fmri is a non-invasive type of neuroimaging that looks at brain activity, specifically blood flow, with low radiation. To use this in court, this company doing this test are claiming they know what the human brain looks like when someone is lying and when they are telling the truth. Which is far from the truth. Hopefully, the judge throws this evidence out.
:fMRI, justice system
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Nasa's Image of the Day
Little Galaxy With a Tail
This infrared portrait of the Small Magellanic Cloud, taken by NASA's Spitzer Space Telescope, reveals stars and dust in this galaxy as never seen before. T The image shows the main body of the Small Magellanic Cloud, which is comprised of the "bar" and "wing" on the left and the "tail" extending to the right. The bar contains both old stars (in blue) and young stars lighting up their natal dust (green/red). The wing mainly contains young stars. The tail contains only gas, dust and newly formed stars. Spitzer data has confirmed that the tail region was recently torn off the main body of the galaxy. Two of the tail clusters, which are still embedded in their birth clouds, can be seen as red dots. The data in this image are being used by astronomers to study the lifecycle of dust in the entire galaxy: from the formation in stellar atmospheres, to the reservoir containing the present day interstellar medium, and the dust consumed in forming new stars. The dust being formed in old, evolved stars (blue stars with a red tinge) is measured using mid-infrared wavelengths. The present day interstellar dust is weighed by measuring the intensity and color of emission at longer infrared wavelengths. The rate at which the raw material is being consumed is determined by studying ionized gas regions and the younger stars (yellow/red extended regions). The Small Magellanic Cloud, and its companion galaxy the Large Magellanic Cloud, are the two galaxies where this type of study is possible. Image Credit: NASA/JPL-Caltech/STScI
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