Background, focus and objectives

Is it appropriate to use brain imaging to establish if a suspected paedophile was indeed sexually attracted by the victim? If a witness was lying when giving evidence, or, if a brain injury was preventing the accused from being criminally responsible? With the promise of more direct access to the brain than previously possible, core legal questions need urgent answers. As examples of brain imaging used in trials become more frequent, so do potential miscarriages of justice caused by the new technology. Sentencing and risk assessment for parole board decisions also raise issues. Risk assessment to decide on early release of offenders is a major issue, with concerns about the economic and human costs of incarceration to be balanced against a wary public that distrusts a non-transparent system. Human Rights, privacy, fair trial and the right against self–incrimination need protecting. During this two day debate, the discussion will address these issues with input and contributiions from  those most likely to be affected by the questions i.e. judges, police, and those representing vulnerable people (prisoners, mental health, those not classed as mentally ill but who have altered social interaction skills) as well as academics and scientists.

Programme (Click on the title of a talk to view the streaming video, where available)

Monday 7th June

Discussion Session 1: Imaging all the people? Brain Imaging in multi-stakeholder perspective

The view from the start: Best of Part 1, a PowerPoint medley. Burkhard Schafer, Co-Director, SCRIPT Centre for IT and IP law, and Joseph Bell Centre for Forensic Statistics

The view from the Bench. Jed Rackoff United States District Judge for the Southern District of New York

The view from the pulpit. Speaker TBC, Church of Scotland; Church and Society Council

Discussion Session 2: Mind, your own business

Mind reading. Prof Hank Greely Director, Center for Law and the Biosciences, University of Stanford
The truth machine. Prof Mike Nellis, Professor of Criminal and Community Justice, University of Glasgow
In the Twilight Zone of Privacy Law. Judith Rauhofer, University of Central Lancashire

Public Lecture: Neuroscience, Law, and Society - The Coming Revolution. Prof Hank Greely, Deane F. and Kate Edelman Johnson Professor of Law, University of California Santa Barbara and Co-Director of the MacArthur Law and Neuroscience Project, USA

Tuesday 8th June

Discussion Session 3: Mapping the Landscape of Brain Imaging and the law – beyond crime and retribution.

Brain Imaging: Consent Issues, and Licensing of Storage and Analysis. Michael Bromby, Glasgow Caledonian University
Brain imaging and Insurance law. Gerard Porter, SCRIPT, University of Edinburgh

Discussion Session 4: A fine mess you got us into – Brain Imaging and the notion of responsibility

Brain Imaging and responsibility in criminal law. Hans Markowitsch, Prof for Physiological Psychology, Bielefeld
Brain imaging, philosophy and the criminal law. Till Vierkant, Depertment of Philosophy, University of Edinburgh

Thursday 19th August 2010

This one day debate examined the impact of neuroimaging on society, the ethical issued raised by technological advances in this domain and and how and to what extent policy makers should respond. Presentations from this event can be found in the Document library.

Videos available: click on the title of a talk to view a video (where available)

Programme

Welcome. Robert Rae, Scotland's Futures Forum

Summary of debate 1: Neuroimaging in Society. Prof Joanna Wardlaw, Scottish Imaging Network - A Platform for Scientific Excellence (SINAPSE) and University of Edinburgh

Summary of debate 2: What is the Legal View? Burkhard Schafer, SCRIPT and University of Edinburgh

Group discussions - discuss ethical questions suggested by Prof Jonathan Moreno
Facilitated by Professor Jonathan Moreno, David and Lyn Silfen University Professor of Ethics and Professor of Medical Ethics and of History and Sociology of Science at University of Pennsylvania and Center for American Progress, Washington, USA

Report of results of the public and expert online survey's. Seeking opinions on the use of brain imaging technology in society. Dr Jane Haley, Edinburgh Neuroscience, University of Edinburgh or Dr Janet de Wilde, SINAPSE

Society and the Reception of Technology: the American Experience. Prof Jonathan Moreno, Professor of Medical Ethics, University of Pennsylvania and Center for American Progress, USA

Group discussions - How might the American experience relate to Scotland?

Reflections on the implications for Scottish policymakers. Prof Anne Glover, Chief Scientific Advisor, Scotland

Whole room Feedback - What would we like to say to our politicians? Chaired by Prof Anne Glover and Prof Jonathan Moreno

Next Steps and Closing remarks. Robert Rae, Scotland's Futures Forum

Neuroscience, Law and Society: The Coming Revolution

Public lecture with Hank Greely, Monday 7th June 2010, 6pm.

View a streaming video of the lecture 

Abstract

We are in the middle of a neuroscience revolution that is giving us a vastly improved understanding of how the human brain works. This research is being driven largely by medical concerns, but it is already beginning to affect the rest of society. Those effects are likely to involve prediction, mindreading, responsibility, consciousness, treatment, and enhancement. This talk promises to give us a fascinating glimpse into the current and future uses of this powerful science.

About the speaker

Hank Greely is the Deane F. and Kate Edelman Johnson Professor of Law and Professor, by courtesy, of Genetics at Stanford University. He specializes in ethical, legal, and social issues arising from advances in the biosciences. He chairs the California Advisory Committee on Human Stem Cell Research and the steering committee of the Stanford University Center for Biomedical Ethics, and directs the Stanford Center for Law and the Biosciences. From 2007 to 2010, he was a co-director of the Law and Neuroscience Project.