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Flashcards in Neuroscience and the Law Deck (27)
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1
Q

What do most states base insanity defense on?

A

The McNaghten test.

- Defendant did not understand nature and consequences of their actions or that the act was wrong.

2
Q

What is the Irresistible Impulse test?

A
  • Defendant unable to control own behavior

- Used by fewer states.

3
Q

Why is the death penalty not allowed for defendants under 18?

A

Lack of prefrontal cortex function.

4
Q

Describe the admissibility of Evidence.

A
Frye
- Has the sceince gained general acceptance within the field?
Daubert (used by most)
- Is the underlying theory testable?
- Has it been subject to peer review?
- What is the known error rate?
- Accepted in the scientific community?
5
Q

Which amendments are potentially violated?

A

1st (speech), 4th (no search without a warrant), and 5th (self-incrimination)

6
Q

What sort of technology is used in NeuroLaw?

A
  • Polygraph (Life detector)
  • Electroencephalogram
  • fMRI
7
Q

Explain the Polygraph.

A
  • Lying is stressful
  • Measures alteration in heart rate, breathing, blood pressure, skin conductance
  • Compare difference between control, relevant, and irrelevant questions
  • Can be defeated by countermeasures
  • Lack of guilt may nullify results
  • Not admissible
8
Q

Explain the EEG.

A

Brain Fingerprinting

  • Electrode over parietal lobe has characteristic response to novelty (P300 wave).
  • Not admissible
9
Q

Explain fMRI-Based Lie Detection.

A
  • No Lie MRI
  • Cephos
  • Claim ~90% accuracy in detecting deception
  • Overly sensitive to movement.
  • Not admissible
10
Q

What forms of lies are there?

A
  • Spontaneous lies (based on stored semantic and episodic knowledge)
  • Memorized lies (less detail because not based on stored knowledge)
  • Isolated lies (easier to generate because they do not need to be consistent)
  • Scenario-Based lies (cross-check details to fit into coherent story)
11
Q

Describe the structural brain abnomalities

A
  • Violent individuals
  • Less frontal lobe activity
  • Decreased grey matter in frontal cortex
  • Increased activity in amygdala and hippocampus.
12
Q

Describe the Genetics.

A

Dopamine production or receptors

  • No single gene differentiated
  • Combinations of genetic variants
13
Q

What does the antisaccade task test?

A

Inhibitory control of adolescents

14
Q

United States v. Semrau (2010)

A

First evidentiary hearing in federal court on the admissibility of fMRI lie detection evidence.

15
Q

State of Florida v. Grady Nelson (2010)

A

First admission of quantitative electroencephalography evidence.

16
Q

Graham v. Florida (2010)

A

Supreme court ruling explicitly citing brain development research.

17
Q

Stoplight game with MRI.

A

Bad choices become more rewarding in front of friends.

18
Q

What is recidivism?

A

Future criminal behavior difficult to predict.

  • Detecting remorse.
  • Relapse, repeat offender.
19
Q

Describe psychopaths.

A
  • Emotional deficits
  • Reduction of guilt
  • 0.6-1% of population
  • PCL-R checklist
  • MAO-A genotype
  • Impairments in the amygdala, OFC, vmPFC
20
Q

What is the PCL-R?

A

Psychopathy Checklist-Revised.

  • 20-item symptom rating scale
  • measures degree of psychopathy
  • Score > 30 qualifies psychopathy
  • 6.8% increased risk for each 1-point increase.
21
Q

What factors does the PCL-R look at?

A
  1. Personality (Aggressive Narcissism)
    - Superficial charm, manipulative, lack of guilt
  2. Case history (Socially deviant lifestyle)
    - Irresponsible, Poor control, parasitic lifestyle
22
Q

What does MAO-A do?

A
Inactivates serotonin (which affects mood). 
- Lower MAOA activity makes subject more vulnerable to childhood maltreatment.
23
Q

Individuals with antisocial or criminal behavior often are have impaired:

A

Planning, decision making, self-monitoring, and judgement.

24
Q

What is the compatibility issue with law and science?

A

Law deals with abstract notion of justice, while science attempts to describe real phenomena.

25
Q

What is culpability?

A

The responsibility for a fault or wrong; blame.

26
Q

Which 3 factors did James Fallon find in the PET scan that lead to violent offenders?

A

Violent genes, damage to brain, traumatic life experiences.

- From an attempt to assess his family’s risk of developing Alzheimer’s disease.

27
Q

Which 3 factors did James Fallon find in the PET scan that lead to violent offenders?

A

Violent genes, damage to brain, traumatic life experiences.

- From an attempt to assess his family’s risk of developing Alzheimer’s disease.