Neuroethics & Law Blog

Vincent on Legal Responsibility Adjudication

Recently Posted to SSRN:

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"Legal Responsibility Adjudication and the Normative Authority of the Mind Sciences" 
Philosophical Explorations, Vol. 14, No. 3, pp. 315-331, 2011

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NICOLE A. VINCENT, Department of Philosophy, Macquarie University
In the field of ‘neurolaw’, reformists claim that recent scientific discoveries from the mind sciences have serious ramifications for how legal responsibility should be adjudicated, but conservatives deny that this is so. In contrast, I criticise both of these polar opposite positions by arguing that although scientific findings can have often – weighty normative significance, they lack the normative authority with which reformists often imbue them. After explaining why conservatives and reformists are both wrong, I then offer my own moderate suggestions about what views we have reason to endorse. My moderate position reflects the familiar capacitarian idea which underlies much lay, legal, and philosophical thinking about responsibility – namely, that responsibility tracks mental capacity.

"Cross-Cultural Variation and fMRI Lie-Detection"

Recently Posted to SSRN:

"Cross-Cultural Variation and fMRI Lie-Detection" 
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TOMMASO BRUNI, University of Milan - Dipartimento di Medicina, Chirurgia ed Odontoiatria
As decidedly underscored by a recent editorial in Nature Neuroscience (2010), many experiments in cognitive neuroscience have been carried out with a sample that is not representative of the general human population, as the subjects are usually university students in psychology. The underlying assumption of this practice is that the workings of the brain do not vary much even when subjects come from different cultural groups. Recent research by Henrich et al. (2010) shows that this assumption is unwarranted. On several basic features of perception and cognition, Western university students turn out to be outliers relative to the general human population, so that data based on them should be interpreted with caution. In particular, this situation seems to provide an argument for questioning the conformity of functional Magnetic Resonance Imaging (fMRI) lie-detection to Federal Rule of Evidence 702 and Daubert. Deception is a social phenomenon and it is related to mental functions, such as theory of mind, for which cross-cultural variability at the neural level has been detected. Furthermore, culture is a multi-dimensional variable whose effects are diverse. Thus, the use of fMRI lie-detection in legal contexts may hinder the ascertainment of truth if the experimental results are not shown to be conserved in different cultures. Cross-cultural variability in neural activation patterns is just a facet of the broader issue of external and ecological validity for neuroscientific experiments on the detection of deception; nonetheless, fMRI lie-detection is unlikely to meet the Daubert standards if cross-cultural variation is not controlled by appropriate experiments.

"Capacitarianism, Responsibility and Restored Mental Capacities"

Recently Posted to SSRN:

"Capacitarianism, Responsibility and Restored Mental Capacities" 

NICOLE A. VINCENT, Department of Philosophy, Macquarie University
The capacitarian idea that responsibility tracks mental capacity underlies much of our thinking about responsibility. For instance, mental capacity assessments inform whether someone is a fully responsible person, what responsibilities they can be expected to observe, their degree of responsibility for what they did, and whether they can be expected to take responsibility and be held responsible in the sense of standing trial, being answerable, paying compensation and being punished. But what happens when mental capacity is restored through direct brain interventions? Specifically, can direct brain interventions aimed at mental capacity restoration help us to assess the responsibility of someone who becomes mentally ill subsequent to committing their crime or to hold them responsible, to expect them to take responsibility for what they did, to make them fully responsible and maybe even less irresponsible? I will argue that initially capacitarianism seems to strike difficulties in cases that involve direct brain interventions of this sort, or put another way, that responsibility does not seem to track restored mental capacities. However, I will also argue that most of these difficulties can be overcome once we take into account some of the other things that responsibility also hinges upon. In particular, I will argue that historical and normative considerations can explain why responsibility does not seem to track restored mental capacities, and thus why this is not something that undermines capacitarianism.

PEBS Neuroethics Roundup (JHU)

Last Edition's Most Popular Article: Depression Defies the Rush to Find an Evolutionary Upside, New York Times In The Popular Press: Survival's Ick Factor, New York Times Profit vs. Principle: The Neurobiology of Integrity, Wired Science Thorazine will have you walking around like you dropped twenty red devils, Fear and Loathing in Bioethics Intelligence--Are You Holding Back Your Brain?, Brain Blogger Mind-altering drugs research call from Prof David Nutt, BBC News New Target Discovered for Pain Relief, Scientific American Time for robots to get real, New Scientist   Why Do Smells Make Some People Sick?, Science Daily Deep Brain Stimulation for Bipolar Depression, The Neurocritic Neural network gets an idea of number without counting, New Scientist The Price of Your Soul: How the Brain Decides Whether to 'Sell Out', Science Daily Psychedelic chemical subdues brain activity, Nature  Grief Could Join List of Disorders, New York Times Health When It Comes To Depression, Serotonin Isn't The Whole Story, NPR Shots From the Academic Literature: The price of your soul: neural evidence for the non-utilitarian representation of sacred values, Philosophical Transactions of The Royal Society Biological Sciences  Neuronal circuits: the sound of fear, Nature Reviews Neuroscience Social neuroscience: Oxytocin boosts social awareness, Nature Reviews Neuroscience  Association of Lifetime Cognitive Engagement and Low β-Amyloid Deposition, Archives of Neurology Neural correlates of the psychedelic state as determined by fMRI studies with psilocybin, PNAS

Subscribe to our mailing list The Program in Ethics and Brain Sciences (PEBS) is a collaborative effort of the Johns Hopkins Berman Institute of Bioethics and the  Johns Hopkins Brain Sciences Institute . The goal of PEBS is to ensure that research in brain science proceeds with an informed understanding of ethical issues, and that philosophical and empirical analyses of the advances in brain research proceed with an informed understanding of the science.

"Effects of Neuroimaging Evidence on Mock Juror Decision Making"

Here is the abstract of a recent study that may interest readers:

Effects of Neuroimaging Evidence on Mock Juror Decision Making.

Behav Sci Law. 2011 Dec 29. doi: 10.1002/bsl.1993. [Epub ahead of print]

Greene E, Cahill BS.

Abstract

During the penalty phase of capital trials, defendants may introduce mitigating evidence that argues for a punishment "less than death." In the past few years, a novel form of mitigating evidence-brain scans made possible by technological advances in neuroscience-has been proffered by defendants to support claims that brain abnormalities reduce their culpability. This exploratory study assessed the impact of neuroscience evidence on mock jurors' sentencing recommendations and impressions of a capital defendant. Using actual case facts, we manipulated diagnostic evidence presented by the defense (psychosis diagnosis; diagnosis and neuropsychological test results; or diagnosis, test results, and neuroimages) and future dangerousness evidence presented by the prosecution (low or high risk). Recommendations for death sentences were affected by the neuropsychological and neuroimaging evidence: defendants deemed at high risk for future dangerousness were less likely to be sentenced to death when jurors had this evidence than when they did not. Neuropsychological and neuroimaging evidence also had mitigating effects on impressions of the defendant. We describe study limitations and pose questions for further research.

PEBS Neuroethics Roundup (JHU)

Last Edition's Most Popular Article: Lawmaker Steals Leather Pants: Brain May Be Responsible, Lawyer Says, Practical Ethics  In The Popular Press: Do Thrifty Brains Make Better Minds?, New York Times Opinionator  Wiring the Brain, Literally, to Treat Stubborn Disorders, The Wall Street Journal My proudest moment? Dropping students off a tower, New Scientist New Research on the Anti-depressant-Versus-Placebo Debate, Time Healthand Depression Defies the Rush to Find an Evolutionary Upside, New York Times Curious skull-bots interact with their human visitors, New Scientist Science shows what goes on inside a 'Dirty Mind', Fox News   What is it like to be asexual?, BBC News How Exercise May Keep Alzheimer's at Bay, New York Times Well Blog Is There a Difference between the Brain of an Atheist and the Brain of a Religious Person?, Scientific American Risperdal on Trial, Texas Style, Stomatosphere  Enhancing Cognition in Older Adults Also Changes Personality, Science Daily From the Academic Literature: You Look Familiar: How Malaysian Chinese Recognize Faces, PLoSONE Can the Clinical Outcome of Deep Brain Stimulation Be Predicted?, Stereotactic and Functional Neurosurgery Life-long intelligence in the genes, Nature The illusion of courage in self-predictions: Mispredicting one's own behavior in embarrassing situations, Behavioral Decision Making Can an old dog learn (and want to experience) new tricks? Cognitive training increases openness to experience in older adults, Psychology and Aging

Subscribe to our mailing list The Program in Ethics and Brain Sciences (PEBS) is a collaborative effort of the Johns Hopkins Berman Institute of Bioethics and the  Johns Hopkins Brain Sciences Institute . The goal of PEBS is to ensure that research in brain science proceeds with an informed understanding of ethical issues, and that philosophical and empirical analyses of the advances in brain research proceed with an informed understanding of the science.

"The Privacy of Our Thoughts and Feelings" at Penn

I'll be giving a talk with this title to a group of students and faculty at the University of Pennsylvania Law School tomorrow.  See details here.  As always, blog readers in attendance are encouraged to introduce themselves.

PEBS Neuroethics Roundup (JHU)

Last Edition's Most Popular Article: The science of willpower, SCOPE In The Popular Press: When Injuries to the Brain Tear at Hearts, New York Times Health Lawmaker Steals Leather Pants: Brain May Be Responsible, Lawyer Says, Practical Ethics  Reading Body Language, Dogs Are Like Infants, New York Times  In the Cave: Philosophy and Addiction, New York Times Opinionator Forget Ritalin and Cramming: Molecular Pathways in the Brain May Reveal the Best Learning Strategies, Scientific American Memory loss can begin from age 45, scientists say, The Guardian Pigs like video games too! Interspecies gaming to combat bedroom, aggression in livestock, Scientific American   The Pill That Could Cure Depression by Growing Your Brain, Gizmodo Chimps learn about nature's medicine chest from elders, New Scientist  Probing the underlying physiological causes of mental illness, SCOPE The Case of the Missing Polygamists, Scientific American The Neuroscience of Looking on the Bright Side, Scientific American Ants at War, Scientific American Deep Brain Stimulation for Major Depression: Miracle therapy or just another treatment?, Scientific American Defying the odds of medicine, BBC News Health From the Academic Literature: Conceptual and ethical issues with brain-hardware interfaces, Current Opinion in Psychiatry Cognitive neuroenhancement: false assumptions in the ethical debate, Journal of Medical Ethics Seeing touch and pain in a stranger modulates the cortical responses elicited by somatosensory but not auditory stimulation, Human Brain Mapping How Honeybees Break a Decision-Making Deadlock, Science The Distance Between Mars and Venus: Measuring Global Sex Differences in Personality, PLoSONE Lateralization of face processing in the human brain, Proceedings of the Royal Society Biological Science Frontotemporoparietal asymmetry and lack of illness awareness in schizophrenia, Human Brain Mapping Should We Expect "Neural Signatures" for DSM Diagnoses?, Journal of Clinical Psychiatry Exploring the Neural Correlates of Delusions of Reference, Biological Psychiatry Linking Process and Outcome in the Study of Emotion and Aging, Perspectives on Psychological Science

Subscribe to our mailing list The Program in Ethics and Brain Sciences (PEBS) is a collaborative effort of the Johns Hopkins Berman Institute of Bioethics and the  Johns Hopkins Brain Sciences Institute . The goal of PEBS is to ensure that research in brain science proceeds with an informed understanding of ethical issues, and that philosophical and empirical analyses of the advances in brain research proceed with an informed understanding of the science.

Penn Fellowships in Neuroscience & Society for Early Career Neuroscientists

Via the Penn Center for Neuroscience and Society website:

From May 29th - June 8th, 2012, the Penn Center for Neuroscience & Society will host 12 neuroscience postdocs and graduate students for seminars, discussions and a short-term project in neuroethics.

Office space and accommodations will be provided along with a $1,000 stipend.

To apply, please send the following materials by February 24th, 2012, to [email protected]:

• CV
• 150-word description of your current research
• 150-word description of what interests you in neuroethics and why
• letter of recommendation from research mentor (sent by mentor directly)

Please entitle these emails YOURLASTNAME Fellowship Application and YOURLASTNAME Fellowship Letter.

Bootcamp Scholarships for Law Faculty

I've posted before about Penn's fantastic Neuroscience Bootcamp.  I don't think I've mentioned, though, that the program will make a limited number of scholarships available for law faculty.  Here's a reminder with a link to apply:

Penn Neuroscience Bootcamp -- Scholarships for Law Faculty
Summer 2012: July 30 – August 8
Application deadline: February 3, 2012
On-line applications now available!

SCHOLARSHIPS ARE AVAILABLE FOR LAW FACULTY.  The number of scholarships is limited.  Early applications are encouraged.

UC Hastings Offers Master of Studies in Law

The program may be especially interesting to Neuroethics & Law Blog readers because of its focus on science and health policy.  From the UC Hastings website:

UC Hastings is proud to announce the launch of a Master of Studies in Law (MSL) degree with a focus in science & health policy. The program will begin in August of 2012, with both full-time and part-time enrollment options.  The full-time program will require two semesters of full-time study to complete (one academic year).  The part-time program is expected to take four to five semesters of enrollment.

The law permeates all aspects of contemporary life and has a tremendous impact across a wide array of professional and academic endeavors. Familiarity with the law is particularly central to the success of health and science professionals, whether it provides the framework within which they work or is the subject of their research.  Health and science professionals increasingly deal with the modern regulatory state, participate in legal processes, research legal actors and institutions, and interact with legal systems.  Yet most health and science professionals have little training in understanding the complexities and nuances of the law and legal processes.  As generations of law students have learned, the law is not merely what appears in case opinions, regulations and statutes; it is a way of thinking.  Indeed, learning to "think like a lawyer" is one of the primary objectives of graduate training in law.

The UC Hastings MSL degree is designed for individuals who do not seek to practice law but who instead want to equip themselves with a more sophisticated understanding of legal reasoning and doctrine.  If you are a health or science professional who interacts with, relies upon, researches subjects involving, or works with patients or clients that are intertwined with the law, the UC Hastings MSL degree will give you the tools to do your job better (or prepare for a better job).

[Follow the link above for more details.]

(Hat tip: Faculty Lounge)

Master of Health Science in Bioethics at the University of Toronto

Click here for information about a Master of Health Science in Bioethics at the University of Toronto.  I'm told the following: "While the attached call for applications gives a February 1st deadline, we are able to extend this deadline to February 20th, 2012."

PEBS Neuroethics Roundup (JHU)

Last Edition's Most Popular Article: After Drugs and Dark Times, Helping Others to Stand Back Up, NY Times In The Popular Press: The science of willpower, SCOPE A Touch of Understanding: Gene Tweak Opens Sensory Black Box, Wired Science Antidepressant use in England soars, The Guardian Common Brain Mechanisms Underlie Supernatural Perceptions, Scientific American Pigeons match monkeys in abstract counting skills, New Scientist  Is There Really Such A Thing As Brain Food?, The Salt NPR's Food Blog When Viruses Invade the Brain, Scientific American Mind Games-Science's Attempts at Thought Control, Brain Blogger NeuroLaw: Do we have a responsibility to use neuroscience to inform law?, Practical Ethics The Future of Moral Machines, New York Times Opinionator  Bees Appear to Experience Moods, Scientific American Have We Met? Tracing Face Blindness to Its Roots, New York Times Larger monkey groups lose fights because they contain more deserters, Discover  Should we erase painful memories?, Salon Really? The Claim: Listening to Music Can Relieve Pain, New York Times Well Blog Hoarders need help to change their behavior, The Guardian This pill has not been tested yet, Fear and Loathing in Bioethics Deep-Brain Stimulation Found to Fix Depression Long-Term, Scientific American Bat Brains Parse Sounds for Multitasking, Science Daily In Classic vs. Modern Violins, Beauty Is in Ear of the Beholder, New York Times Anesthesia May Leave Patients Conscious—and Finally Show Consciousness in the Brain, Discover Magazine From the Academic Literature: Deep brain stimulation, personal identity and policy, International Review of Psychiatry Computational design of enhanced learning protocols, Nature Neuroscience Experience-dependent plasticity of mature adult-born neurons, Nature Neuroscience Neural correlates of reliability-based cue weighting during multisensory integration, Nature Neuroscience Fear Erasure in Mice Requires Synergy Between Antidepressant Drugs and Extinction Training, Science  Pigeons on Par with Primates in Numerical Competence, Science What Are Emotion Expressions For?, Current Directions in Psychological Science Frontotemporoparietal asymmetry and lack of illness awareness in schizophrenia, Human Brain Mapping Neural basis of recollection in first-episode major depression, Human Brain Mapping Neuroscience: Behavioural effects of cocaine reversed, Nature

Subscribe to our mailing list The Program in Ethics and Brain Sciences (PEBS) is a collaborative effort of the Johns Hopkins Berman Institute of Bioethics and the  Johns Hopkins Brain Sciences Institute . The goal of PEBS is to ensure that research in brain science proceeds with an informed understanding of ethical issues, and that philosophical and empirical analyses of the advances in brain research proceed with an informed understanding of the science.

Surreal Million Dollar Verdict in Brain Retention Case

From the New York Law Journal (full article behind a paywall):

New York City is challenging a jury's verdict that it must pay $1 million for keeping, without notification, the brain and other organ parts of a teen killed in an auto accident when the medical examiner released the body to his grieving parents for burial.

The city argues in court papers submitted last month that whether to provide such notice was entirely within the discretion of the government officials who decide how autopsies are to be conducted.

"Never in the history of the medical examiner's office in the State of New York has it been deemed improper not to inform the next of kin of a retention of an organ for medical examination," it declares in asking Staten Island Supreme Court Justice John Fusco (See Profile) to overturn the verdict in Shipley v. City of New York, 101114/06

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The medical examiner's retention of the brain was disclosed in 2006, two months after the death of Jesse Shipley, when classmates of Jesse's sister, Shannon, who was also injured in the accident, took a field trip to the Richmond County mortuary, and several students noticed a brain suspended in formaldehyde.

In what one judge characterized as "a surreal coincidence," the label on the jar indicated that the brain had come from Jesse. Morgue personnel explained that the brain was being held for "neuropathologic" tests, and it was their practice to accumulate brains because it was more efficient for examiners to test several at the same time rather than make multiple trips to Staten Island.

Andre and Korisha Shipley sued, claiming that they had been traumatized by the macabre discovery, which forced them to hold a second religious funeral for their son.

The city responded that the suit should be dismissed because state law gives the Medical Examiner's Office the discretion to remove organs from a body and keep them for future testing.

(Hat tip: Ivy Lapides)

"Gesture Recognition with Contact Microphone"

I bet this technology could have important applications for people with neurological problems that prevent them from using traditional interfaces.

But the main reason I'm posting it: it's awfully neat!