Brain Scans in the Courtroom

I came across an interesting article via the associated press about the use of brain scanning technology in the court system. It discusses how brain scanning is increasingly being used as a defense excuse for criminal behavior and also as an improved method for lie detection.

"More defense attorneys are seeking scans showing brain damage or abnormalities that might have made it difficult for their clients to control violent impulses." Associated Press

The use of brain scanning technology in the court room delves into the issue of whether or not we have free will and how much control a person has over their own actions. Science is gathering more and more data about the electrochemical workings of the brain and the disorders where brain functioning can go awry. As brain scanning technology gets cheaper and more detailed it may increasingly see more use in the courtroom of the future. Scientists may also be able to get a better understanding of the aspects of brain workings/dysfunction that might be associated with criminality. There is a good article in Scientific American "Mind" entitled "The Violent Brain" which discusses the complex genetic and environmental factors that may lead to abnormal brain functioning and criminality. Currently, it is fairly ucommon to use brain scans as a defense for a criminal in a courtroom trial. Unless a person has a fairly serious brain disorder, such as a tumor, it is unlikely to be successful as a defense tactic.
"Another group is studying research suggesting that brain defects could be responsible for some types of behavior previously chalked up to poor moral character." AP
While brain imaging may allow scientists to diagnose and categorize the brain functioning associated with criminality, it might also be possible in the future to actually change brain functionality to improve outcomes among criminals. The tools of brain manipulation available (transcranial magnetic stimulation (TMS), transcranial direct current stimulation (tDCS)) may give psychiatists the ability to alter an inmates brain functioning and thus potentially facillitate rehabilitation. These powerful tools can allow scientists to selectively activate or deactivate almost any area of the brain and thus ameliorate specifc symptoms. tDCS has already been used to increase cooperability in a game among test subjects, so in the future it may be used to reduce negative outcomes among the prison population.

Many crimininals are incarcerated as a result of taking addictive drugs. Addiction is looking more and more like a disease of the brain. Addictive drugs can affect brain chemistry and functioning which make it very difficult for a person to get off them once they are hooked. These drug induced brain changes are also associated with poorer impulse controls which may also lead to increased criminality. tDCS has been used to reduce risk taking behavior in healthy volunteers. So it could potentially reduce the propensity of criminals to engage in risky behavior. Reducing the dysphoric effects of drug withdrawal by targeting the brain's pleasure center with the new deep TMS is another method that might go a long way in reducing recidivism of drug using criminals.
There is a very high rate of mental illness in the prison population which can have a profoundly negative impact on their behavior. Specific mental illness symptoms like psychosis or depression may also be selectively improved using the new deep TMS to target inner brain areas. More speculatively, the new deep TMS could also be used to target deeper cortical areas of the brain such as the medial prefrontal cortex. The medial prefrontal cortex is involved in feelings of empathy towards others. People with narcissistic personality disorder and antisocial personality disorder often show a reduced capacity for empathy. So selective activation of the medial prefrontal cortex could potentially result in increased empathy levels and reduced criminality in people with those two personality disorders. In the past, it was thought that personality disorders we're ingrained and couldn't be changed through intervention. Scientists, however, have found that the brain is extremely plastic and can be manipulated by using the new pharmological and electrical means available. So in the future the new tools of brain imaging may give scientists a better understanding of why people commit crimes and allow better methods of preventing them from doing so again in the future.