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Indian Woman Convicted of Murder By Brain Scan

Posted by CmdrTaco on Mon Sep 15, 2008 07:57 AM
from the 1984-came-a-few-years-late dept.
Kaseijin writes "Neuroscientist Champadi Raman Mukundan claims his Brain Electrical Oscillations Signature test is so accurate, it can tell whether a person committed or only witnessed an act. In June, an Indian judge agreed, using BEOS to find a woman guilty of killing her former fiancé. Scientific experts are calling the decision 'ridiculous' and 'unconscionable,' protesting that Mukundan's work has not even been peer reviewed. How reliable should a test have to be, when eyewitnesses are notoriously fallible? Does a person have a right to privacy over their own memories, or should society's interest in holding criminals accountable come first?"
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  • by jez9999 (618189) on Monday September 15 2008, @07:59AM (#25008557) Homepage Journal

    ... they can reliably read someone's mind to determine whether they committed a crime?

    That is mental.

    • Re:They think... (Score:5, Interesting)

      by Z00L00K (682162) on Monday September 15 2008, @08:11AM (#25008747) Homepage

      It is possible to do a brain scan to detect that a statement is untrue or unsettling in some way, but that doesn't mean that the person is guilty of a specific crime.

      It takes a long time of interrogation to be able to measure what's normal and what's not. And even if you get an abnormal reading it may not be caused by guilt - it may be because the subject is unsettling.

      • by IndustrialComplex (975015) on Monday September 15 2008, @08:45AM (#25009231)
        And even if you get an abnormal reading it may not be caused by guilt - it may be because the subject is unsettling.

        I could kill the operator of the scanner with a thought. Simple countermeasures.

        Just concentrate on an imagine of a combination of Goatse, Tubgirl, 2g1c, and Lemon Party. Instant aneurysm.
        • by Anpheus (908711) on Monday September 15 2008, @09:25AM (#25009827)

          Seems like a Pyrrhic victory.

        • by Poltras (680608) on Monday September 15 2008, @09:39AM (#25010107) Homepage

          I could kill the operator of the scanner with a thought. Simple countermeasures. Just concentrate on an imagine of a combination of Goatse, Tubgirl, 2g1c, and Lemon Party. Instant aneurysm.

          So that's what the title means with Indian Woman Convicted of Murder By Brain Scan. Murder by Brain Scan - the googles do nothing...

    • by Brian Ribbon (986353) on Monday September 15 2008, @08:51AM (#25009289) Homepage Journal

      " Man sexually attracted to children, court told [abc.net.au] "

      "A Canberra court has heard an O'Connor man who has been charged with downloading child pornography from the internet finds young children sexually attractive."

      So he must have done it! Police never try to set up unpopular members of society.

      Presumably he'll get a longer sentence as a result of admitting that he's attracted to children.

        • by Brian Ribbon (986353) on Monday September 15 2008, @09:49AM (#25010347) Homepage Journal

          You're very welcome to support the anti-paedophile crusade, but shallow perceptions of paedophiles lead to hysterical responses like this [shropshirestar.com].

          It won't be long before the UK and US has taken away all of its citizens' freedoms under the guise of "protecting children from paedophiles".

          You seem to believe that people should be imprisoned for being attracted to children. Around 25-33% of men are aroused by children*; who is going to pay for that level of imprisonment?

          Occurrence of Paedophilia in the General Population [attractedtochildren.org]

          • You seem to believe that people should be imprisoned for being attracted to children. Around 25-33% of men are aroused by children*; who is going to pay for that level of imprisonment?

            That is not a problem for America. You just lack a positive attitude, over here we're AmeriCAN not AmeriCAN'T.

          • by Thaelon (250687) on Monday September 15 2008, @10:55AM (#25011397)

            Your post, and even the link you provided are missing something extremely important. A definition of "children". If you definition of children includes sexually mature humans in their late teens, but still children by some legal definition then it's really a rather misleading statistic, don't you think? There's a reason they're called jailbait. They're physically mature enough to be sexually attractive to other members of the species for no other reason than the basic human desire to procreate that we all share, but legally, and perhaps morally off limits.

    • Re:They think... (Score:4, Insightful)

      by TheSpoom (715771) <slashdot@NOSpam.uberm00.net> on Monday September 15 2008, @08:55AM (#25009343) Homepage Journal

      What's mental is that a jury (or worse, a judge) accepted the result of a new, questionable, unproven technology as proof beyond a reasonable doubt that the suspect was guilty. (I assume here that the Indian justice system has the same burden of proof as most others.)

      What's mental is that this will probably set precedent.

      What's mental is that this may be used from now on without question even when we did the same thing with polygraphs, only to realize later that they are notoriously inaccurate.

      What. The. Fuck.

        • Re:They think... (Score:5, Informative)

          by KillerBob (217953) on Monday September 15 2008, @09:42AM (#25010167)

          India's legal system, like the USA's, is based on the British Common Law system. In it, a suspect is innocent until proven guilty beyond a shadow of a doubt.

          It's a miscarriage of justice, even if this technology is ultimately vetted and proven 100% reliable, because right now, the technology is in question.

  • 5th (Score:5, Insightful)

    by DoofusOfDeath (636671) on Monday September 15 2008, @08:00AM (#25008571)

    Does a person have a right to privacy over their own memories

    In the U.S. I would say yes, because we have the 5th Amendment to the Constitution. In Indian law, I have no idea.

    At first blush this sounds like a high-tech form of seeing if the witch can float.

    • Re:5th (Score:5, Insightful)

      by Nuclear Elephant (700938) on Monday September 15 2008, @08:04AM (#25008637) Homepage
      Just to play devil's advocate, the courts could argue here in the US that brain scans are evidentiary, and not testimony (hence witness against one's self). My guess is they would argue that brain scans are of the same family of evidence as DNA; e.g. it doesn't "testify against you", but is rather physically relevant to the case. I would hope that this would cause outrage, but judging by the number of other things the government has desensitized us to, it wouldn't surprise me.
      • by Chrisq (894406) on Monday September 15 2008, @08:14AM (#25008795)
        You will be a terrorist supporter and friend to the paedophiles. Don't even think of preventing use of this weapon against perverts and terrorists.

        Think of the Children (but not in that way... we will know).
      • Re:5th (Score:5, Interesting)

        by MoonBuggy (611105) on Monday September 15 2008, @08:15AM (#25008809) Homepage

        My guess is they would argue that brain scans are of the same family of evidence as DNA; e.g. it doesn't "testify against you", but is rather physically relevant to the case.

        I guess it is a grey area (no pun intended!), but really we shouldn't even need to have that conversation. The study hasn't been peer reviewed, it's a new and relatively untested technology, what the hell are they doing admitting it at all, as testimony or as evidence?

        Hell, the last time I saw MRI-based lie detection it was on Mythbusters, and even there it failed outright on one of the three people they tested it on.

          • Re:5th (Score:5, Insightful)

            by elrous0 (869638) * on Monday September 15 2008, @08:41AM (#25009129)
            If psychics are so real, how come none have come forward to debunk James Randi (the way that he has debunked dozens of them)? It would seem a fairly simple task. He has even agreed to meet psychics on "neutral ground," but still no takers.
            • Re:5th (Score:4, Interesting)

              by SpiritGod21 (884402) on Monday September 15 2008, @09:07AM (#25009521) Homepage

              Let's say you're psychic, or a witch, or some other controller of paranormal/supernatural powers. Let's say you're the real deal. What would you gain by stepping into the spotlight and announcing yourself?

              Frankly, I would think the truly powerful would let the fakes draw the media attention, and let the discreditors have their day. At a certain level of power, such vainglorious attention-whoring is beneath you. It's easier to get on with one's life and work without all that attention.

            • what if (Score:5, Funny)

              by someone1234 (830754) on Monday September 15 2008, @09:30AM (#25009937)

              What if James Randi has a psychic power of neutralizing other para guys?
              Then he catches them in an alley and sucks their brain out.
              No wonder they don't dare to fight him.
              Ooops, sounds like i watched too much Heroes...

                • Re:5th (Score:4, Insightful)

                  by HungryHobo (1314109) on Monday September 15 2008, @11:17AM (#25011789)

                  tests aren't hard.

                  "I can lift things with my mind!"
                  "Then just stand behind this barrier and lift that pile of peas over there one at a time into the cup over there."
                  "Ummmm.... it isn't working because the spirits don't like to be tested!"

                  "I can see the future"
                  "Right, go sit in the box, tommorrow the computer is going to show you a random symbol, draw it for us"
                  "But but but... no fair!"

          • Re:5th (Score:5, Funny)

            by KeithJM (1024071) on Monday September 15 2008, @08:43AM (#25009187) Homepage

            psychics are real despite what the blowhard freak James Randi would have you believe.

            Ok, I will grant that psychics are real. It's just their supernatural abilities that are fake.

    • Re:5th (Score:5, Funny)

      by jamesh (87723) on Monday September 15 2008, @08:14AM (#25008793)

      At first blush this sounds like a high-tech form of seeing if the witch can float.

      Ah. So it's a machine to determine if she's made of wood?

  • by DikSeaCup (767041) on Monday September 15 2008, @08:01AM (#25008581) Homepage
    Did anyone else read that headline and think, "She scanned his brain and it killed him?"
    • by oodaloop (1229816) on Monday September 15 2008, @08:04AM (#25008639) Homepage
      Seconded. I think perhaps the title could have been better worded. Like, "Brain Scan Used in Murder Conviction of Indian Woman".
    • Re: (Score:3, Funny)

      by Anonymous Coward

      Yeah. I was hoping to read about how if you put a brain scan machine up to 11 the person's head explodes. But no.

  • I see Phrenology (Score:5, Informative)

    by the_skywise (189793) on Monday September 15 2008, @08:01AM (#25008589)

    is alive and well...

  • Interesting (Score:3, Insightful)

    by thermian (1267986) on Monday September 15 2008, @08:01AM (#25008595)

    So, a male centric and predominantly misogynistic country used this new and entirely untested technique to find a woman guilty of murder.

    Gosh, what a surprise.

    We are talking about a country where women regularly get murdered by the men in their own family, and no-one is punished, after all.

  • by fishthegeek (943099) on Monday September 15 2008, @08:04AM (#25008641) Journal
    Dang and I thought the DRM in Vista was bad. I had no idea that BEOS [wikipedia.org] could determine if I witnessed a crime.

    I knew that it was ahead of it's time but Geesh! Does anyone know what version he is using?

    Just goes to show, there is no security by obscurity! Hopefully those Haiku guys will get it up and running soon!
  • by multipart/mixed (163409) on Monday September 15 2008, @08:05AM (#25008651)

    ..BEOS has always been way ahead of the competition!

  • by snarfies (115214) on Monday September 15 2008, @08:05AM (#25008655) Homepage

    I hear the judge has ordered that she be imprisoned inside a giant NeXTcube.

  • Three things. (Score:4, Insightful)

    by apathy maybe (922212) on Monday September 15 2008, @08:05AM (#25008657) Homepage Journal

    Would a man have been convicted in this case? Or is this just another example of the crap that women still face in most societies around the world?

    This machine has not been peer reviewed, and yet a judge trusts it? Sounds like the judge should be removed from their position. And all convictions related to this judge that might be plausibly shown to have been influenced by this judge's ignorance, should be thrown out.
    I hope this women is able to appeal.

    As to privacy related to memories. Well, I would suggest that this machine isn't capable of reading a person's memories at all. However, I do think that this should be voluntary only. After all, there are many memories not related to the alleged crime that would have to be "read". Not only that (at least in the USA), all information "found" not related to the "crime" should not be able to be used by law enforcement.

    I'm sure you could make a Fifth Amendment type argument here (if you are in the USA).

    • Re:Three things. (Score:5, Informative)

      by will_die (586523) on Monday September 15 2008, @08:36AM (#25009055) Homepage
      The summary is a little missleading.
      The two states in India that allow it have set up labs were the device was/is being tested, the lack of per review is that the people outside of India do not have full access.

      This is the second case where the judge has mentioned the test, the first was against a man. In the first case the judge said that the test was not used as "concluded proof" but that the tests backed the other evidence. In this case the judge include 9 pages on why he used the test results and defense of the system.
      As for its use, in India to have the test run on you requires that you volunteer. In the US I would guess it usage would have to meet the same requirements that were setup for lie detectors. A quick search shows that their has been no federal ruling, excluding that lie detectors don't work, so you have some locations where the judge can order a person, some where lie detectors were considered no different from taking a persons fingerprints, to others where they said a person could not be forced.
  • by aapold (753705) on Monday September 15 2008, @08:16AM (#25008811) Homepage Journal
    In Roger Zelazny's classic Hugo award winning novel Lord of Light [wikipedia.org], the Brainscan was a key part of the tech that cemented the power of the faux Hindu Gods on a distant colony planet modeled after India....

    They would use it to review people up for reincarantion (dying, aged, etc) before transferring their consciousness to a new body and life, one assigned based on the results of said brain scan...

    I know this is nowhere near that, just found it ironic such a thing would surface in India. ------- Hey, wonder if it can determine if you saw or committed an act in a past life...
  • Justice Field (Score:5, Interesting)

    by Timberwolf0122 (872207) on Monday September 15 2008, @08:16AM (#25008817) Journal
    In Red Dwarf Arnold Rimmer has to undergo a mind scan after which he is found guilty of the 1st degree murder of the whole crew of the Red Dwarf. Kryton is able to get Rimmer aquitted by pointing out that the radiation leak was caused by Rimmer being an incompetent half wit anf the mid scan confused the guilt he felt with culpability, in his own mind he tried and convicted himself... How would this mind probe deal this?
    • Re:Justice Field (Score:4, Interesting)

      by JackassJedi (1263412) on Monday September 15 2008, @08:55AM (#25009339)
      Good point, brings back also memories of Memento, where it's pointed out by Leonard that memories are much more an interpretation than facts (and is wonderfully depicted in the movie).
  • by jedijoe9 (929235) on Monday September 15 2008, @08:23AM (#25008897) Journal
    Am I the only one who rad the headline and thought: "Also, I can kill you with my brain."
  • Interesting (Score:5, Interesting)

    by Pedrito (94783) on Monday September 15 2008, @08:35AM (#25009047) Homepage

    Actually, I would imagine it would be fairly easy to distinguish a lie from the truth by EEG or fMRI. The pathways for recollection as opposed to creativity (lying), cause activity in different parts of the brain.

    'Where were you last Tuesday at 3:00pm?' - If the person tells the truth, they're recalling the events. If they're lying, they're constructing a scenario in their head. The two would be very distinguishable.

    That said, it's not without issues: First of all, if I pre-construct a scenario and run it through my head enough, it becomes a recollection and not a creation, I believe. Also, I'm not entirely sure that there's been enough actual studies of using fMRIs and/or EEGs for detecting lies vs. truth, nor how beatable the system is. Until these things have been studied and documented, they certainly shouldn't be used by courts.

    There are companies in the U.S. trying to get fMRIs used for precisely this purpose. One example is the company, No Lie MRI [noliemri.com].
    If such systems can be proven reliable, then I'm all for using them in courts. Not so much to convict people, so much as to keep the innocent from being convicted, which happens plenty in the U.S.

  • by CrazyJim1 (809850) on Monday September 15 2008, @08:36AM (#25009053) Journal
    I'm not so sure that it is good to convict someone of a crime, but it is pretty accurate. It is simple to do with a brain scan too.

    1) Hook person up to a brain scanner.
    2) Show the person random images of places they never seen until their brain doesn't care anymore.
    3) Show the person an image of a place they've seen, and it will trigger thoughts.

    It is helpful for interrogation. It is a bit spooky to use for crimes.
  • It Will Never Work (Score:5, Insightful)

    by DynaSoar (714234) on Monday September 15 2008, @08:55AM (#25009345) Journal

    Eyewitness testimony is fallible for the same reason one's own memory for personal events is fallible: everything we 'remember' is constructed from what is stored and seems related, producing the fastest good enough result. The same research supports both. False memory and memory rejection can happen because memory is never entirely accurate. One can even be fooled into "remembering" something someone else supposedly saw but never occurred, convolving both eyewitness report and personal memory. The foremost researchers in this field are often called to testify in court cases where false and lost memory are involved.

    As such, if this judge had any sense, he'd throw the supposed researcher in jail and recuse himself after throwing out the verdict. There's no way a "brain scan" can tell how accurate a "memory" is unless it can compare what it's measuring with the perception and cognition during the actual event. And if it could do that, the operator would be there to witness the same event.

    The researcher should at very least be investigated for scientific fraud. The same people that would have thrown his work(?) out under peer review would testify against him.

  • by kiehlster (844523) on Monday September 15 2008, @08:59AM (#25009433) Homepage
    That if you want true accuracy, you have to go for the Vulcan mind meld. No one's going to argue about the validity of Vulcan logic.