Skip to main content

Cognitive science research to revolutionize the legal system

What if a jury could decide a man's guilt through mind reading? What if reading a defendant's memory could betray their guilt? And what constitutes 'intent' to commit murder? These are just some of the issues debated and reviewed in the inaugural issue of WIREs Cognitive Science, the latest interdisciplinary project from Wiley-Blackwell, which for registered institutions will be free for the first two years. In the article "Neurolaw," in the inaugural issue of WIREs Cognitive Science, co-authors Walter Sinnott-Armstrong and Annabelle Belcher assess the potential for the latest cognitive science research to revolutionize the legal system.

Neurolaw, also known as legal neuroscience, builds upon the research of cognitive, psychological, and social neuroscience by considering the implications for these disciplines within a legal framework. Each of these disciplinary collaborations has been ground-breaking in increasing our knowledge of the way the human brain operates, and now neurolaw continues this trend.

One of the most controversial ways neuroscience is being used in the courtroom is through 'mind reading' and the detection of mental states. While only courts in New Mexico currently permit traditional lie detector, or polygraph, tests there are a number of companies claiming to have used neuroscience methods to detect lies. Some of these methods involve electroencephalography (EEG), whereby brain activity is measured through small electrodes placed on the scalp. This widely accepted method of measuring brain electrical potentials has already been used in two forensic techniques which have appeared in US courtrooms: brain fingerprinting and brain electrical oscillations signature (BEOS).

Brain fingerprinting purportedly tests for 'guilty knowledge,' or memory of a kind that only a guilty person could have. Other forms of guilt detection, using functional magnetic resonance imaging (fMRI), are based on the assumption that lying and truth-telling are associated with distinctive activity in different areas of the brain. These and other potential forms of 'mind reading' are still in development but may have far-reaching implications for court cases.

"Some proponents of neurolaw think that neuroscience will soon be used widely throughout the legal system and that it is bound to produce profound changes in both substantive and procedural law," conclude the authors. "Other leaders in neurolaw employ a less sanguine tone, urging caution so as to prevent misuses and abuses of neuroscience within courts, legislatures, prisons, and other parts of the legal system. Either way we need to be ready to prevent misuses and encourage legitimate applications of neuroscience and the only way to achieve these goals is for neuroscientists and lawyers to work together in the field of neurolaw."

As this paper shows, WIREs Cognitive Science takes an original interdisciplinary approach to understanding the key issues surrounding state-of-the-art cognitive research. Disciplines featured in the inaugural issue include topics as diverse as cognitive biology, computer science, linguistics, neuroscience, philosophy and psychology.

Comments

Popular posts from this blog

Regulated deficit irrigation, new recommendations for grape cultivation

The inland areas of the Pacific Northwest, where rainfall averages only 4 to 12 inches per year, present growing challenges for vineyard owners and wine grape producers. The arid conditions in this part of the country have not been conducive for vineyard owners who produce and market high-quality wine grapes. To promote healthy grape production when nature fails to deliver, vineyard managers in the area typically employ an irrigation practice known as “regulated deficit irrigation”. More than 60% of the wine grapes in the state of Washington are grown using this drip irrigation method. Unfortunately, the current irrigation methods are replete with problems that can cause over-irrigation and compromised grape quality. Recently, researchers at Washington State University’s Irrigated Agriculture Research and Extension Center completed a study that should provide vineyard managers new techniques for producing healthy and long-lasting grape crops. Joan R. Davenport was the lead author of th

Charging Implanted Heart Pumps Wirelessly

Mechanical pumps to give failing hearts a boost were originally developed as temporary measures for patients awaiting a heart transplant. But as the technology has improved, these ventricular assist devices commonly operate in patients for years, including in former vice-president Dick Cheney, whose implant this month celebrates its one-year anniversary. Prolonged use, however, has its own problems. The power cord that protrudes through the patient's belly is cumbersome and prone to infection over time. Infections occur in close to 40 percent of patients, are the leading cause of rehospitalization, and can be fatal. Researchers at the University of Washington and the University of Pittsburgh Medical Center have tested a wireless power system for ventricular assist devices. They recently presented the work in Washington, D.C. at the American Society for Artificial Internal Organs annual meeting, where it received the Willem Kolff/Donald B. Olsen Award for most promising research in

Intense pressure to stimulate new cartilage growth, new hope for arthritis patients

Bioengineers at Rice University have discovered that intense pressure -- similar to what someone would experience more than a half-mile beneath the ocean's surface -- stimulates cartilage cells to grow new tissue with nearly all of the properties of natural cartilage. The new method, which requires no stem cells, may eventually provide relief for thousands of arthritis sufferers. "This tissue-engineering method holds promise not only for cartilage but also for tissues to repair bladders, blood vessels, kidneys, heart valves, bones and more," said lead researcher Kyriacos Athanasiou, Rice's Karl F. Hasselmann Professor of Bioengineering. The findings appear in the journal PLoS ONE. They are the latest from the emerging field of tissue engineering, a new discipline that aims to capitalize on the body's innate healing abilities to develop new ways of growing tissues that can be used to surgically repair wounds without risk of rejection. Cartilage, a tissue in the hum