Brain fingerprinting Paper

Brain Fingerprinting

CJ302 Brain Fingerprinting Paper

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CJ302 Brain Fingerprinting Paper

Brain fingerprinting is a forensic technique where the brain waves of the criminal; suspect are measured in order to gauge their involvement in a crime. Brain fingerprinting requires the forensic investigator to measure brain-wave responses to crime-relevant words or pictures in order to test the memory of the criminal suspect concerning a particular criminal event. In other words the criminal suspect is shown computer images of the crime scene and then the cognitive response of the suspect to the images, words, or script are measured through electrical brain wave responses.

Brain fingerprinting is a form of detection where if the criminal suspect has any guilt thoughts concerning a crime they will be detected. The only time this new technique can be used and would be beneficial to the investigation is in trying to uncover knowledge about the crime that could only be known by the guilty offender as well as provides the guilty knowledge of the criminal suspect concerning the particular crime. If the suspect had no association with the crime this would be reflected through their responses to the images. A strong reaction would indict knowledge of the crime.

While brain fingerprinting has been shown to be 100% accurate like with any new technology it will take time for members of the court and society to recognize the new technology as a credible form of evidence. One way the validity of the brain fingerprinting technique can be determined in a court of law is through the Daubert or Frye Standards. Any evidence, especially newly developed evidentiary techniques, must meet a certain standard in order to be accepted into the court process as reliable.

The Frye standard refers to a test of whether or not scientific evidence can be introduced into court proceedings. The test originated in 1923 in order to when the question of the admissibility of the polygraph was questioned and resulted in the Frye standard which requires scientific evidence to be developed through the scientific method and to be sufficiently recognized by the scientific community (Calhoun, 2008). In order to be generally accepted the scientific process, procedure, or technique must be recognized by the scientific community as valid and reliable. When it comes to brain fingerprinting in order to meet the Frye test the majority of the scientific community must recognize this new technique as valid and reliable.

The Daubert Standard emerged after the admissibility of expert testimony was questioned in the case of Daubert vs. Merrill Dow Pharmaceutical (Stevens, 2005). The Supreme Court expanded the rules concerning the admissibility of evidence requiring not only that the evidence be developed through scientific means as well as being accepted by the scientific community but that the judge assesses whether or not the evidence meets this standard. The Daubert Standard also requires the evidence to be relevant and reliable and a pass flexible test for validity. Based on the Daubert Standards brain fingerprinting may not be admissible in a court of law because it does not meet all of the necessary standards.

While brain fingerprinting was developed using scientific methods it is not widely known or accepted by the scientific community and could result in a judge ruling the evidence inadmissible. Even though brain fingerprinting meets the other standards of the Daubert Standard the introduction of brain fingerprinting as a legitimate science has not been widely accepted by the scientific community. On the other hand brain fingerprinting has shown to be reliable and the more accepted it becomes by the court and the scientific community the more opportunities will be opened for it to become accepted evidence in a court of law.

References

Calhoun, M. (2008). Scientific Evidence in Court: Daubert or Frye, 15 Years Later. Retrieved

February 24, 2012 from http://www.wlf.org/upload/08-22-08calhoun.pdf

Stevens, M. (2005). Admissibility of Scientific Evidence under Daubert. Retrieved February 24,

2012 from http://faculty.ncwc.edu/mstevens/425/lecture02.htm