I've been reading a lot lately about the potential use of fMRI scanning in court trials. For the most part, neuroscientists do not support use of the technology as it currently stands. This hasn't stopped numerous individuals from trying to incorporate fMRI scans into their supporting evidence. Defense attorneys in a 2009 San Diego child abuse case attempted to incorporate fMRI evidence, later denied by the judge. (http://www.wired.com/wiredscience/2009/03/noliemri/) The company that performed the testing, No Lie MRI, claims its data is 90% accurate, much more convincing than a standard polygraph test. No Lie and similar companies base their testing on the idea that the ventrolateral area of the prefrontal cortex is the tell-all for fibbing. Basically, heightened blood flow to this area during questioning indicates that the participant is a dirty, rotten liar.
In 2010, a neuroscience researcher named Kent Kiehl became involved in the trial of a serial murderer named Brian Dugan. (http://www.nature.com/news/2010/100317/full/464340a.html) Dugan had already served twenty years in prison, but was appealing to the court to do away with his death penalty charge. Kiehl used fMRI evidence to show that Dugan was suffering from severe psychopathy; he couldn’t possibly have made clear decisions about murderous acts with a mind so ‘handicapped.’ Though this evidence was allowed in court, the death penalty charge remained unchanged.
How should we feel about the use of this invasive technology? fMRI can visualize the interworking of our brains, completely out of our own control. With enough practice, you can fib on a lie detector test (people do it on Maury all the time). But can you lie to an fMRI scanner? Is this any different from more generalized rights to privacy? fMRI lie detection is a growing industry, with new companies spurting up annually. It doesn’t seem that the current technology can back up promises these companies are making, but what if it could in the future? Should this sort of technique, if based on sound evidence, be considered ethically sound? I think not. Our minds are the only possession that is truly our own. It is our choice who to let in, how to manipulate what emerges. If we take that right away (even from murderous, terrible people), what do we have left? One day, you could show up at a job interview only to be thrown into an fMRI and analyzed by a representative from No Lie MRI. This is a slippery slope, and I foresee some heavy controversy in the near future.