Brain Scans: Are You a Criminal?

Brain Scan technology has come a long way over the past fifteen years. But has it come far enough that it can tell us who is a criminal; or has the potential to become one? United States court rooms are beginning to allow defense attorneys to use MRI scans as evidence of a defendant's predisposition to criminal behavior. Many ask, how accurate can these tests be? And, should criminals be set free because they could not help committing a crime due to a genetic disposition?

Scientists know what MRIs are capable of; such as detecting an individuals lies or mental capacities or even the prejudices of an individual. Brain abnormalities shown in MRI scans can be linked to possible character flaws, such as a predisposition to violence or criminal behavior however not every anomaly found produces the same responses from each individual.

The question remains, should brain scans be legal in court? If a defense attorney is using a scan as evidence that his client could not stop himself from engaging in criminal behavior, does that mean he's off the hook? Scientific American Mind (pgs. 30-35, January 2007) did an incredible story on the possible downfalls of using MRI scans as evidence in court. The authors' made a good argument for not allowing such evidence. For example, brain scans, which are relatively new, are not 100 percent accurate. In most cases, such as health problems, the results of an MRI scan can be double and triple checked with other testing equipment. Brain abnormalities found in a scan which are related to the predisposition of criminal behavior, however, can not be double checked by other testing methods. These abnormalities are rare and have a high chance of the MRI scan results being inaccurate.

Many scientists have studied the possibilities of brain abnormalities leading to criminal behavior, but nothing can be proven and set in stone without massive studies on the population.

The average Joe's MRI scan can show a brain abnormality, do we proceed to check him into the nearest mental institution or prison? That would make about as much sense as trying to prove a defendant innocent of a violent crime because there is a small chance that an abnormality found in his brain had caused him an uncontrollable urge to commit the crime. While abnormalities in the brain can link to criminal behaviors, it is not proven that people with such abnormalities will actually act upon them. By allowing MRI brain scans as evidence in court, many innocence will be found guilty or vise versa.

To read more about brain scan technology and the justice system please see the Scientific American Mind, Issue Dec. 2006/Jan. 2007 or visit the site at http://sciammind.com

This article includes information found in "Brain Scans Go Legal" by S.T. Grafton, W.P. Sinnott-Armstrong, S.I. Gazzaniga and M.S. Gazzaniga (2007).