Research round-up 2: New technologies and deception detection

Part two of the Deception Blog round-up of “all those articles I haven’t had a chance to blog about”. Part one was about catching liars via non-mechanical techniques. This post covers articles and discussion about new technologies to detect deception, including fMRI and measurement of Event-Related Potentials.

fMRI and deception: discussion on the journal pages

It’s been quite a year for advances in neuroscience and deception detection, so much so that in a recent paper in of the American Academy of Psychiatry & Law, Daniel Langleben and Frank Dattilio suggested that a new discipline of “forensic MRI” was emerging. One interesting exchange appeared recently in the Journal of the American Academy of Psychiatry & Law:

…The new approach promises significantly greater accuracy than the conventional polygraph—at least under carefully controlled laboratory conditions. But would it work in the real world? Despite some significant concerns about validity and reliability, fMRI lie detection may in fact be appropriate for certain applications. This new ability to peer inside someone’s head raises significant questions of ethics. Commentators have already begun to weigh in on many of these questions. A wider dialogue within the medical, neuroscientific, and legal communities would be optimal in promoting the responsible use of this technology and preventing abuses.

…The present article concludes that the use of functional imaging to discriminate truth from lies does not meet the Daubert criteria for courtroom testimony.

…we update and interpret the data described by Simpson, from the points of view of an experimental scientist and a forensic clinician. We conclude that the current research funding and literature are prematurely skewed toward discussion of existing findings, rather than generation of new fMRI data on deception and related topics such as mind-reading, consciousness, morality, and criminal responsibility. We propose that further progress in brain imaging research may foster the emergence of a new discipline of forensic MRI.

Earlier this year Kamila Sip and colleagues challenged proponents of neuroimaging for deception detection to take more account of the real world context in which deception occurs, which led to a robust defence from John-Dylan Haynes and an equally robust rebuttal from Sip et al. It all happened in the pages of Trends in Cognitive Sciences:

With the increasing interest in the neuroimaging of deception and its commercial application, there is a need to pay more attention to methodology. The weakness of studying deception in an experimental setting has been discussed intensively for over half a century. However, even though much effort has been put into their development, paradigms are still inadequate. The problems that bedevilled the old technology have not been eliminated by the new. Advances will only be possible if experiments are designed that take account of the intentions of the subject and the context in which these occur.

In their recent article, Sip and colleagues raise several criticisms that question whether neuroimaging is suitable for lie detection. Here, two of their points are critically discussed. First, contrary to the view of Sip et al., the fact that brain regions involved in deception are also involved in other cognitive processes is not a problem for classification-based detection of deception. Second, I disagree with their proposition that the development of lie-detection requires enriched experimental deception scenarios. Instead, I propose a data-driven perspective whereby powerful statistical techniques are applied to data obtained in real-world scenarios.

…Valid experimental paradigms for eliciting deception are still required, and such paradigms will be particularly difficult to apply in real-life settings… We agree with Haynes, however, that there are important ethical issues at stake for researchers in this field. In our opinion, one of the most important of these is careful consideration of how results derived from highly controlled laboratory settings compare with those obtained from real-life scenarios, and if and when imaging technology should be transferred from the laboratory to the judicial system.

fMRI and deception: new research findings

Of course discussion is worth nothing if you don’t have research results to discuss. Shawn Christ and colleagues delved deeper into to the cognitive processes associated with deception:

Previous neuroimaging studies have implicated the prefrontal cortex (PFC) and nearby brain regions in deception. This is consistent with the hypothesis that lying involves the executive control system….Our findings support the notion that executive control processes, particularly working memory, and their associated neural substrates play an integral role in deception. This work provides a foundation for future research on the neurocognitive basis of deception.

Meanwhile, two groups of researchers reported that fMRI techniques can differentiate between mistakes and false memories vs deliberate deception, with Tatia Lee and colleagues showing that in the case of feigning memory impairment, deception “is not only more cognitively demanding than making unintentional errors but also utilizes different cognitive processes”:

fMRI and deception in the blogosphere

Commentary and discussion of fMRI was not limited to the pages of scholarly journals, however. A terrific post by Vaughan over at Mind Hacks on the limitations of fMRI studies zipped around the blogosphere (and rightly so) and is well worth a read if you are interested in becoming a more critical consumer of fMRI deception detection studies (see also Neurophilosophy’s post MRI: What is it good for? ).

There’s a detailed write-up by Hank Greely of the University of Akron Law School’s conference on Law and Neuroscience held in September, which covers the science, the practicalities and the ethics of using neuroscience in forensic contexts (see also his summary of a presentation at an earlier conference on ‘neurolaw’). Judges too, are “waking up to the potential misuse of brain-scanning technologies” with a recent judges’ summit in the US to “discuss protecting courts from junk neuroscience”, reports New Scientist .

Nevertheless, purveyors of MRI lie-detection technology continue to push their wares. For instance, the Antipolygraph Blog picked up a radio discussion on commercial fMRI-based lie detection in June (the audio download is still available as an mp3 download).

ERP and deception: the controversial BEOS test

Earlier this year I and many others blogged about the disturbing use of brain scanning in a recent murder trial in India. The technique is known as the Brain Electrical Oscillations Signature test and is based on measuring Event-Related Potentials (electrical activity across the brain). Neurologica blog and Neuroethics and Law have a write-ups and links for those who wish to know more.

Neuroethics and Law blog links to a pdf of the judge’s opinion in the case, where pages 58-64 include a summary of the judge’s understanding of the BEOS procedure and what it ‘revealed’ in this case. Most disturbing is the apparent certainty of the judge that the tests were appropriate, scientifically robust and applied correctly by “Sunny Joseph who is working as Assistant Chemical Analyser in Forensic Science Laboratory, Mumbai” (p.55-56):

…competency of this witness to conduct the Test is not seriously challenged. His evidence also reveals that he was working as Clinical Psychologist in National Institute of Mental Health and Neuro Sciences at Bangalore and he has experience in the field of Neuro psychology since last 6 years and in forensic technique since last 1½ years. He has himself conducted approximately 15 Polygraph Tests and has been associated with almost 100 Polygraph Tests. He has conducted 16 BEOS Tests and has been associated in conducting of about 12 Neuro Psychology Tests. Therefore his expertise in my opinion, can in no way be challenged and nothing is brought on record in his cross examination to show that the Tests conducted were not proper and requisite procedure was not followed (p.62).

On a happier note, my hot tip for the New Year is to keep your eye on Social Neuroscience – there are several articles on neural correlates of deception in press there which they are saving up for a special issue in 2009.

More soon – part 3 covers the 2008 flurry of interest in deception and magic!

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