Can a brain scan prove innocence?

Crime & Justice, Law (In No Particular Order) Comments (0)

Polygraph tests are routinely used by investigators during the course of a criminal investigation. The results, as we know, are inadmissible in court, even when they point to a defendant’s guilt. The court does not recognize the polygraph as a valid, accepted scientific device. But what about brain scans?

Neuroscientists use functional magnetic resonance imaging (fMRI) to view and study brain activity. The fMRI is a valuable tool for brain mapping, detecting brain disorders, and learning more about how humans process information. Some scientists claim that the fMRI is a virtual foolproof lie detector. Others insist that the technology is still evolving and cannot be relied on to accurately measure deception. The foray into criminal justice is controversial.


Recently, attorneys in a California juvenile sexual abuse case argued that an fMRI test proved their client’s innocence. They requested a Frye hearing to determine the admissibility of the results as evidence. Under the Frye Standard, scientific evidence must meet standards set by the mainstream scientific community before it can be introduced in court. (California is one of several states that follow the Frye Standard, others, such as New Jersey, Alaska, and Kentucky apply the Daubert Standard.) However, last week the attorneys withdrew the motion. It is unclear what prompted the decision.

A company called No Lie MRI boasts that their technology “represents the first and only direct measure of truth verification and lie detection in human history!” (Emphasis theirs.) In the California case, the defendant paid No Lie MRI to conduct a functional magnetic resonance imaging test.

According to Stanford Center for Law and the Biosciences, which broke the story, No Lie MRI stated the results “were consistent with the conclusion that [the defendant] told the truth when answering “No” to the questions “Did you have sexual intercourse with [the alleged victim]?”…And did you have oral sex with [the alleged victim].

Is the fMRI a sure thing? The jury is still out. However, it’s a sure bet the fMRI will eventually get its day in court. Whether or not it will be deemed legitimate evidence remains to be seen.



For more info on this subject, check out Standford’s site. Also, Wired editor Steve Silberman recounts his personal experience taking an fMRI here.

Fio @ April 1, 2009