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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?"

54 of 453 comments (clear)

  1. They think... by jez9999 · · Score: 4, Funny

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

    That is mental.

    1. Re:They think... by Z00L00K · · Score: 4, Interesting

      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.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    2. Re:They think... by IndustrialComplex · · Score: 3, Funny

      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.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    3. 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
    4. Re:They think... by Anpheus · · Score: 4, Funny

      Seems like a Pyrrhic victory.

    5. Re:They think... by Poltras · · Score: 4, Funny

      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...

    6. Re:They think... by KillerBob · · Score: 5, Informative

      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.

      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    7. Re:They think... by phlinn · · Score: 5, Informative

      Beyond a reasonable doubt, not beyond a shadow of a doubt. There is a huge difference there.

      --
      "Pulling together is the aim of despotism and tyranny! Free men pull in all sorts of directions" -- Havelock Vetinari
    8. Re:They think... by Comboman · · Score: 3, Insightful

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

      --
      Support Right To Repair Legislation.
    9. 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.

      --
      If you mod me Overrated, you are admitting that you have no penis.
  2. 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 BadAnalogyGuy · · Score: 3, Interesting

      The key to passing a lie detector test is to bring yourself to believe the lies you are telling. If you could train yourself through meditation to believe anything, then how close are we to the situation in Minority Report where the third psychic's testimony is the only thing that sees through the re-enactment of a crime so that the second act looks just like the first one and thus makes the whole thing seem innocuous?

      Psychics are fake, but brainwaves are real. If we can lend credence to psychics in the movies, then what is the reason we can't lend brainwave scans credence in the real world? This is a scary technology, not only for the clear violation of one's own mental state, but also for the ability of those who would to game the system and perpetrate all sorts of crime until Tom Cruise showed up with his Mila Jovovich-looking psychic.

    3. Re:5th by jamesh · · Score: 4, Funny

      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?

    4. Re:5th by MoonBuggy · · Score: 5, Interesting

      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.

    5. 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.
    6. Re:5th by KeithJM · · Score: 5, Funny

      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.

    7. Re:5th by DaveV1.0 · · Score: 5, Funny

      No, it determines if she weighs the same as a duck.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    8. Re:5th by SpiritGod21 · · Score: 3, Interesting

      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.

    9. Re:5th by nomadic · · Score: 5, Informative

      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?

      Under the Randi Challenge? A million dollars.

    10. 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?

    11. 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!"

  3. 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.
    2. Re:Did anyone else ... by Anonymous Coward · · Score: 3, Funny

      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.

  4. I see Phrenology by the_skywise · · Score: 5, Informative

    is alive and well...

  5. 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
    1. Re:Interesting by Anonymous Coward · · Score: 4, Funny

      That's right. And if you want to stand up for women's rights vote McCain Palin 2008! Palin - Because women are always the victim (tm).

    2. Re:Interesting by thermian · · Score: 4, Informative

      Not American, but I AM someone whose worked voluntarily helping set up a shelter for battered Indian/Pakistani wives in the UK.

      --
      A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    3. Re:Interesting by PapaBoojum · · Score: 5, Informative

      Honor killings as you have read recently about in the media, did not happen in the same country

      Are you claiming that 'honor killings' do not occur in India?

      http://www.telegraphindia.com/1040113/asp/nation/story_2780541.asp

      http://www.onlinewomeninpolitics.org/archives/04_0112_in_wrights.htm

      Just like any other technology, now that its available, society has to make sense of how best to use it.

      Yes, and that is by throwing it in the heap with all the other pseudo-science and outright quackery.

  6. DHS has to be involved! by fishthegeek · · Score: 5, Funny

    Dang and I thought the DRM in Vista was bad. I had no idea that BEOS 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!

    --
    load "$",8,1
  7. Just goes to show.. by multipartmixed · · Score: 4, Funny

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

    --

    Do daemons dream of electric sleep()?
  8. Convicted by BeOS! by snarfies · · Score: 4, Funny

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

  9. 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.
    1. Re:Three things. by will_die · · Score: 5, Informative

      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.

  10. 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.
  11. If you don't allow it by Chrisq · · Score: 5, Funny

    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).

  12. Ever read Zelazny's Lord of Light? by aapold · · Score: 3, Interesting

    In Roger Zelazny's classic Hugo award winning novel Lord of Light, 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...

    --
    "Waste not one watt!" - CZ
  13. Justice Field by Timberwolf0122 · · Score: 5, Interesting

    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?

    --
    In the not too distant future, next Sunday A.D.
    1. Re:Justice Field by JackassJedi · · Score: 4, Interesting

      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).

      --
      Power corrupts the few, while weakness corrupts the many.
  14. Miss Scarlet, in the Study, with the MRI by merfle · · Score: 3, Funny

    Murder by brain scan?! And they tell us these tests are safe...

  15. obligatory firefly reference by jedijoe9 · · Score: 5, Funny

    Am I the only one who rad the headline and thought: "Also, I can kill you with my brain."

  16. Interesting by Pedrito · · Score: 4, Interesting

    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.
    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.

  17. This is how interrogation should work by CrazyJim1 · · Score: 4, Interesting

    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.

  18. 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 Brian+Ribbon · · Score: 4, Informative

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

      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

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

      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.

      --
      “Common sense is not so common.” — Voltaire
    3. 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

    4. Re:The developed world has similar attitudes by Obyron · · Score: 4, Informative

      Paedophilia tends to imply that the children are prepubescent. Sexual attraction to jailbait is called Ephebophilia. Not enough people know this bit of vocabulary.

      --
      --Obyron
    5. 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.

  19. 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
  20. Everyone knows... by kiehlster · · Score: 4, Funny

    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.

  21. what if by someone1234 · · Score: 5, Funny

    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...

    --
    Patents Drive Free Software as Hurricanes Drive Construction Industry
  22. Re:James Randi challenge by forgot_my_nick · · Score: 5, Informative

    Actually if you bothered to JFG, to would find that the $1,000,00.00 is in an endownent fund account administered by Golman Sachs, so bar the bank collapsing or it getting embezzeled, the money is real qand is going nowhere.

    See http://www.randi.org/joom/challenge-info.html for further info

    --
    Cultist of the Average Middle-Aged Ones