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Indian Woman Convicted of Murder By Brain Scan

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?"

17 of 453 comments (clear)

  1. 5th by DoofusOfDeath · · Score: 5, Insightful

    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.

    1. Re:5th by Nuclear+Elephant · · Score: 5, Insightful

      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.

    2. Re:5th by elrous0 · · Score: 5, Insightful

      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.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    3. Re:5th by Minwee · · Score: 3, Insightful

      Let's say that you really could tell the future. Wouldn't there be an easier way to get a couple million dollars?

    4. Re:5th by HungryHobo · · Score: 3, Insightful

      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!"

  2. Did anyone else ... by DikSeaCup · · Score: 5, Insightful

    Did anyone else read that headline and think, "She scanned his brain and it killed him?"

    1. Re:Did anyone else ... by oodaloop · · Score: 5, Insightful

      Seconded. I think perhaps the title could have been better worded. Like, "Brain Scan Used in Murder Conviction of Indian Woman".

      --
      Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
  3. Interesting by thermian · · Score: 3, Insightful

    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.

    --
    A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
  4. Three things. by apathy+maybe · · Score: 3, Insightful

    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).

    --
    I wank in the shower.
  5. Minorty Report by JackassJedi · · Score: 3, Insightful

    If this would take a bad road then in another 10 years we'll be remote-scanned when we walk around outside (or even at home) and convicted when we have only intentions of committing a crime (which is already true in some countries just sans the remote-brain-scan part). Sounds like Precrime to me.

    --
    Power corrupts the few, while weakness corrupts the many.
  6. The developed world has similar attitudes by Brian+Ribbon · · Score: 4, Insightful

    " Man sexually attracted to children, court told "

    "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.

    --
    "To the future or to the past, to a time when thought is free" ~ Nineteen Eighty-Four
    1. Re:The developed world has similar attitudes by Thaelon · · Score: 4, Insightful

      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.

      --

      Question everything

    2. Re:The developed world has similar attitudes by Anonymous Coward · · Score: 3, Insightful

      And of course the people who do not know it include the media, people in general, prosecutors and police.

  7. Re:They think... by TheSpoom · · Score: 3, Insightful

    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.

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
  8. It Will Never Work by DynaSoar · · Score: 4, Insightful

    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.

    --
    "I may be synthetic, but I'm not stupid." -- Bishop 341-B
  9. Re:They think... by Comboman · · Score: 3, Insightful

    A difference that is increasingly lost on juries (remember the O.J. trial).

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    Support Right To Repair Legislation.
  10. Re:They think... by Free+the+Cowards · · Score: 3, Insightful

    Indeed. It's unfortunate that Simpson almost certainly got away with murder. But the fact of the matter is that the LAPD was a bunch of incompetent bumbling fools in the matter, and hateful fools at that. Their attempts to frame a (probably) guilty man ended up setting him free. The jury's decision was correct in this case.

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