Neurolaw - Past Paper PDF

Neurolaw Neurolaw A. Eyewitness testimony − False memories and recovered memories A. Lie detection B. Algorithms for predicting recidivism C. Use of neuroscientific evidence for legal defense or to predict criminal behavior D. Use of neuroscience-based interventions to diminish risk of an offender r...

Neurolaw Neurolaw A. Eyewitness testimony − False memories and recovered memories A. Lie detection B. Algorithms for predicting recidivism C. Use of neuroscientific evidence for legal defense or to predict criminal behavior D. Use of neuroscience-based interventions to diminish risk of an offender reoffending E. Use of nootropics or mind-enhancing drugs to boost performance Neurolaw: interdisciplinary field of study that explores effects of new research findings in cognitive science on forensic psychiatry and legal practice, including Eyewitness testimony Lie detection methods, including brain-based techniques Use of neuroscientific evidence for legal defense or to predict criminal behavior Use of neuroscience-based interventions, such as deep brain stimulation, to diminish risk of an offender reoffending Use of nootropics or mind-enhancing drugs to boost performance Eyewitness Testimony Eyewitness testimony is often mistaken It is estimated that 2000 to 10,000 people are wrongfully convicted each year in the U.S. on the basis of eyewitness testimony Case of man who spent 11 years in prison for rape before they found out on the basis of DNA testing that he couldn’t have been the assailant A study examined 62 cases in which innocent people were later exonerated on the basis of DNA evidence (including 8 in which person had been sentenced to death) Ø In 52 of these 62 cases, the crucial evidence leading to conviction had come from eyewitnesses (Scheck, Neufield, & Dwyer, 2000) ☞ There is strong evidence that eyewitness testimony is both unreliable and manipulable, leading to many wrongful convictions (Busy and Loftus, 2007) Errors are especially likely if: Witness’ attention was stressed and/or distracted (e.g., by presence of a gun) Plausible misinformation was given during questioning Witness is pressured to give a specific response Witness is given positive feedback (could be even a simple “OK”) ☞ Confidence of a witness is a very poor predictor of whether a memory is accurate; nevertheless juries are strongly influenced by confidence (Busey, Tunnicliff, Loftus et al., 2000) Misinformation effect: incorporating misleading information presented after an event into one’s memory of the event Ø Study in which people were shown a film depicting a traffic accident, then either asked how fast the cars were going when they hit each other or how fast they were going when they smashed into each other ➔ People gave faster speed estimates when word smashed was used ➔ When asked a week later whether there was any broken glass in the accident, people who heard smashed were much more like to answer yes (Loftus & Palmer, 1974) Are YOU a good eyewitness? J A man went into the shop up the road. How was he dressed? – Dark clothes – Light clothes – Jeans – I'm not sure A woman parked her car in the street shortly before the crime took place, did you notice her car? Was it one of these? What hair color did the woman have? – Blonde hair – Dark hair – Red hair – I'm not sure Improving Testimony Justice Department guidelines for eyewitness testimony include: Line-ups should be administered by “blinded” managers who have no knowledge of which participant is suspected of the crime Witness instructions should be standardized and designed to yield a conservative response − Warn witness that perpetrator might not be present o Witnesses are often convinced that culprit must be present in a lineup and so simply pick the person who most closely resembles their memory of the perpetrator Ø Study found that telling witnesses that perpetrator might not be present reduced number of innocent people who were identified incorrectly by 42% (Steblary, 1997) − Ask witness to describe what happened before beginning questioning and ask open-ended questions Ø Cognitive interview technique – Reinstate physical and emotional context of the crime as fully as possible, e.g., by returning to the scene of the crime for the interview – Ask witnesses to visualize scene and describe every detail before detective begins questioning ➔ Technique has generally been found to result in recall of 30% to 35% more information without any increase in erroneous recall False Memories Studies show that it’s not all that hard to plant a false memory in a person’s mind Ø Participants in one study were falsely led to “recall” that they had knocked over a punch bowl at a wedding when they were six-years-old (Hyman, Husband, & Billings, 1995) Ø In a more recent study, 70% of students reported a detailed false memory of having committed a crime, such as assaulting someone with a weapon (Shaw & Porter, 2015) Memories are particularly easy to implant if person is asked to visualize event Recovered Memories Much of the recovered memory literature has focused on cases of child abuse ² Recovered memories can be real Research has demonstrated that some people may indeed forget about painful childhood memories and recall it years later Ø There have been documented cases of individuals who had been treated in hospital emergency rooms for childhood sexual abuse, yet these individuals failed to recall the episode when interviewed as adults (Williams, L.M., 1994; Schooler, Bendiksen, & Ambadar, 1997) Ø Case of a college professor, Ross Cheit, who woke up one morning and suddenly remember having been molested by camp counselor – counselor confessed when confronted with the crime (Schacter, 1996) ² Recovered memories can be false Many reported incidences of abuse probably never happened Ø Case of woman who “remembered” being raped by her father (Weiten, W., 1998) Research has shown that it is not all that hard to implant false memories Ø Study on implanting false memories in children (Ceci, 1995) − An adult repeatedly asked child to think about several real and fictitious events v “Think hard, and tell me if this ever happened to you. Can you remember going to the hospital with a mousetrap on your finger?” − After 10 weeks, a new adult asked the same question ➜ 58% of preschoolers produced false (and often vivid) stories regarding one or more events they had never experienced v When reminded that his parents had told him several times that the mousetrap incident never happened – that he had imagined it, child protested, “But it really did happen. I remember it!” Lie Detection Polygraph lie detectors: Work by measuring several of the physiological responses accompanying emotional arousal (perspiration, heart rate, blood pressure, breathing), assumption being that lying is stressful Participant is asked: 1) Control question Ø Up to age 18, did you ever physically harm anyone? 2) Relevant question Ø Did [the deceased] threaten to harm you in any way? Relevant > Control à Lie Problems with polygraph Arousal associated with lying is no different from arousal caused by other stressful situations, such as being accused of a lie Also, some people tend to be more prone to arousal so that they tend to show arousal even when they are not guilty ➔ 1/3 of innocent declared guilty; 1/4 of guilty declared innocent Are results of polygraph admissible in court? Generally no, unless both parties agree to its use However, commonly used for screening purposes for certain types of jobs, such as law enforcement, and in questioning of suspects ☞ If person believes polygraph is 100% accurate, test may approach 100% accuracy Alternative methods of lie detection Guilty knowledge test Ø Ex: Were you at the scene of the crime? What kind of clothes was the deceased wearing? ➜ If suspect shows spike in physiological measures only to items present at crime scene but claims they were not there, that indicates that they may be lying “Brain fingerprinting” − EEG technique based on idea that brain emits a particular type of brain wave pattern when one views emotionally significant material that one has seen before − Some studies have found high accuracy rates, but overall, controversial and of questionable validity fMRI brain imaging − In general, deception is associated with increased activity on both sides of prefrontal (linked to response inhibition) − However, particular brain regions that are activated depend on various factors, such as whether lie is spontaneous or memorized and well-rehearsed, and whether lie has high or low salience − In general, not widely used at this point, as it is very expensive and of questionable accuracy Neurological Mind Reading Team of neuroscientists at Carnegie Mellon led by Marcel Just are learning to read people’s minds based on fMRI cortical activation patterns Ø In early study, researchers were able to identify which of 10 similar objects (e.g., hammer vs. drill vs. screwdriver) people were viewing based on scans (Shinkareva, Mason, Malave et al., 2008) Ø Lab has now also identified activation patterns associated with − − − Different abstract ideas (e.g., forgiveness vs. gossip vs. spirituality) (Wang, Cherkassky, & Just, 2017) Thinking in different languages Different emotions Participant is asked to think of scenario that would conjure up disgust, envy, etc. (e.g., someone vomiting at baseball game, beautiful model) ➜ Computer is able to identify the emotion Neurological mindreading Use of Neuroscientific Evidence in Legal Defense ✧ Insanity defense − A defendant is not responsible for criminal conduct “if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.” (Model Penal Code) “My brain made me do it” ➜ Test thus takes into account both cognitive and volitional capacity v Percentage of accused felons that plead insanity? 1% ✧ Lesions of the amygdala may cause loss of ability to learn fear conditioning and may also play a role in aggressive behavior Ø Charles Whitman, sniper who shot at 38 individuals and murdered 16 at the University of Texas, on autopsy, was found to have a midbrain tumor that pressed against his amygdala − There are now neurosurgeries that can remove tumors like that v What are legal ramifications of that? Should accused be exonerated or given lighter sentence after surgery since he presumably would no longer be violent? Algorithms for Predicting Recidivism New research indicates that complex algorithms are significantly more accurate than humans in predicting which defendants will later be arrested for a new crime When assessing just a handful of variables in a controlled environment, even untrained humans can match the predictive skill of sophisticated risk-assessment instruments However, when a larger number of variables are involved – as generally happens in the real world – the algorithm-based tools perform far better than people − These tools consider factors such as pre-sentence investigation reports, attorney and victim impact statements, and an individual’s demeanor ➜ Tools approach 90% accuracy in predicting which defendants might be arrested again, compared to about 60% for human predictors ★ These risk assessment tools could aid in making critically important decisions, such as: o Which individuals can be rehabilitated in the community, rather than in prison? o Which could go to low-security prisons, and which to high-security sites? o Which prisoners can safely be released to the community on parole? (Lin, Jung, Goel et al., 2020) Use of Neuroscientific Evidence to Predict Criminal Behavior ✧ Decreased prefrontal activity and increased subcortical activity (including amygdala) have been found in brains of convicted murderers − People with antisocial personality disorder showed an 11% reduction in volume of gray matter in prefrontal cortex − Research indicates that frontal lobe damage sustained in childhood through abuse may be mediating factor ✧ In addition, in people with antisocial criminal tendencies, the emotioncontrolling amygdala is smaller, but show greater reactivity (Hyde, Shaw, Murray et al., 2016; Pardini, Raine, Erickson et al., 2014) ✧ Compared with people who feel and display empathy, brains of those with ASPD also respond less to facial displays of others’ distress (Deeley, Daly, Surguladze et al., 2006) ✧ Also, those with the low-activity form of the MAOA gene (sometime called the “warrior gene”) tend to behave aggressively when provoked (Caspi, McClay, Moffitt et al., 2002) − One study found that those who have the low-activity (as opposed to high-activity) form of the MAOA gene and were abused as children were six times more likely than normal controls to be convicted of violent crimes ☞ Neurological evidence could thus potentially be used in determining criminal sentence length or need for personal rehabilitation Use of Neuroscience-Based Interventions & Nootropics ✧It is possible that neuroscience-based interventions will be developed in near future that will diminish the risk of an offender reoffending, e.g., deep brain stimulation as a way of reducing sex drive May be similar in some ways to treating sexual aggression by using synthetic steroids that inhibit the production of androgens by the testes (e.g., Depo-Provera) v What should be the ethical guidelines around that? ² Adderall Prescription medication for ADHD that is often used by college students to boost academic performance ² Inderal (propranolol) Beta blocker that was originally approved for treatment of hypertension; off-label use for treatment of social anxiety Used to treat social anxiety - Many professionals (musicians, lawyers, college students, professors, physicians) now take this medication before important presentations or tests Ø Professional musicians given Inderal felt more in control, had heart rates that were 40 beats a minute slower, and gave performances that were rated significantly higher by judges Ø SAT scores of high school students with test anxiety went up an average of 120 points when given this med v Should use of drugs like Adderall or propranolol be legal, given risks involved in using psychotropic medications? Does that give performers or athletes an unfair competitive edge? Video Reference Video excerpted from: Discovering Psychology: Cognitive Processes https://www.learner.org/series/discoveringpsychology/cognitive-processes/ 60 Minutes Rewind: 2009 report, "Mind Reading" https://www.youtube.com/watch?v=Qwk2pqfYQFc