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Should fMRI scans be permitted as evidence in a court of law?


Posts: 7645

"A fMRI (Functional Magnetic Resonance Imaging) is a brain scan that shows increased brain activity in different regions of the brain. If you are feeling emotions, then the limbic system of the brain will light up. If you are using logic, the frontal lobes will light up. Recent research has shown that people who are lying and have an addiction will have certain areas of the brain light up during these scans.

Neuroscience has already served as evidence in courts abroad. In September, a 24 yr old woman was found guilty in India's Maharashtra state court of murdering her fiance, and the presiding judge cited a "brain fingerprinting" scan as proof of "experiential knowledge" of the crime.

In America last year, two commercial companies, No Lie MRI in San Diego, and Cephos Corp. in Massachusetts, have gone public with fMRI lie detection services even though there is not much peer reviewed research yet to support using brain scans for this application.

The fifth amendment to the constitution guarantees the right to withhold self incriminating evidence. Mental privacy is a concern as well. Another scary thought is could this be used in a court of law to show intent to committ a crime?"

Source: http://www.sodahead.com/living/should-fmri-scans-be-permitted-as-evidence-in-a-court-of-law/question-200788/?link=ibaf&q=&esrc=s

What do you guys think?

Posts: 5
Should fMRI scans be permitted as evidence in a court of law?

Sure, why not? Perhaps less innocent people would be convicted of a crime they didn't commit. 

Posts: 977
Should fMRI scans be permitted as evidence in a court of law?

I think if the person voluntarily submits to the scan after having been read their rights, it should be permissible. I don't think it should be considered 'proof' of anything, though, since I'm sure it has the same potential issues for false positives as a polygraph.

Posts: 21
Should fMRI scans be permitted as evidence in a court of law?

and someone might of been in the wrong place at the wrong time with those brain scans proving they did something they didn't do (a more detailed verson of the above)

5 posts
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