Can your brain testify against you?

[Nergal]

 

Neuroscientific techniques continue to advance, but their applications in law raise concerns of a threat to individual rights. Previous applications of neuroscientific evidence include using brain scans to detect deception in an individual, and neurological responses to determine whether someone has intimate knowledge of a crime. However, just because we can use this technology, does it mean we should?

A review published in Frontiers in Neuroscience explores the current literature and advancements in the applications of neuroscience in law. This brings into question the ethical implications that come with the possibility of a person unwillingly revealing their own guilt.

"Brain science is being viewed for its potential to be used in legal cases," explains Prof. James Giordano, who co-wrote the paper. "It can certainly afford information relevant to an individual's capability, but there have also been attempts to employ neuroscientific methods to gain insight -- and to inform juries and judges -- about persons' intent and possible guilt."

The authors examined previous cases where neuroscientific techniques have been used to determine truth and infer intent. The use of these techniques brings into question the violation of an individuals' right to privacy that can come with this, and whether neuroscientific techniques should be permitted in court.