Posts tagged neuroimaging
Articles and news from the latest research reports.
The Concussed Brain at Work: fMRI Study Documents Brain Activation During Concussion Recovery
For the first time, researchers have documented irregular brain activity within the first 24 hours of a concussive injury, as well as an increased level of brain activity weeks later—suggesting that the brain may compensate for the injury during the recovery time.
The findings are published in the September issue of the Journal of the International Neuropsychological Society
Thomas Hammeke, PhD, professor of psychiatry and behavioral medicine at the Medical College of Wisconsin, is the lead author. Collaborators at the Cleveland Clinic; St. Mary’s Hospital in Enid, Okl.; the University of North Carolina; Franklin College in Franklin, Ind., and the Marshfield Clinic in Marshfield, Wis., co-authored the paper.
To study the natural recovery from sports concussion, 12 concussed high school football athletes and 12 uninjured teammates were evaluated at 13 hours and again at seven weeks following concussive injury.
The concussed athletes showed the expected postconcussive symptoms, including decreased reaction time and lowered cognitive abilities. Imaging via fMRI (functional magnetic resonance imaging) showed decreased activity in select regions of the right hemisphere of the brain, which suggests the poor cognitive performance of concussion patients is related to that underactivation of attentional brain circuits.
Seven weeks post-injury, the concussed athletes showed improvement of cognitive abilities and normal reaction time. However, imaging at that time showed the post-concussed athletes had more activation in the brain’s attentional circuits than did the control athletes.
“This hyperactivation may represent a compensatory brain response that mediates recovery,” said Dr. Hammeke. “This is the first study to demonstrate that reversal in activation patterns, and that reversal matches the progression of symptoms from the time of the injury through clinical recovery.”
“Deciding when a concussed player should return to the playing field is currently an inexact science,” said Dr. Stephen Rao, director of the Schey Center for Cognitive Neuroimaging at the Cleveland Clinic and a senior author. “Measuring changes in brain activity during the acute recovery period can provide a scientific basis for making this critical decision.”
Each year, an estimated 3.8 million people sustain a traumatic brain injury (TBI). TBI is a contributing factor to a third of all injury-related deaths in the United States. More than three-quarters of the TBI’s that occur are concussions or other forms of mild TBI, many of which may go undiagnosed.
(Image: Corbis)
Brain network decay detected in early Alzheimer’s
In patients with early Alzheimer’s disease, disruptions in brain networks emerge about the same time as chemical markers of the disease appear in the spinal fluid, researchers at Washington University School of Medicine in St. Louis have shown.
While two chemical markers in the spinal fluid are regarded as reliable indicators of early disease, the new study, published in JAMA Neurology, is among the first to show that scans of brain networks may be an equally effective and less invasive way to detect early disease.
“Tracking damage to these brain networks may also help us formulate a more detailed understanding of what happens to the brain before the onset of dementia,” said senior author Beau Ances, MD, PhD, associate professor of neurology and of biomedical engineering.
Diagnosing Alzheimer’s early is a top priority for physicians, many of whom believe that treating patients long before dementia starts greatly improves the chances of success.
Ances and his colleagues studied 207 older but cognitively normal research volunteers at the Charles F. and Joanne Knight Alzheimer’s Disease Research Center at Washington University. Over several years, spinal fluids from the volunteers were sampled multiple times and analyzed for two markers of early Alzheimer’s: changes in amyloid beta, the principal ingredient of Alzheimer’s brain plaques, and in tau protein, a structural component of nerve cells.
The volunteers were also scanned repeatedly using a technique called resting state functional magnetic resonance imaging (fMRI). This scan tracks the rise and fall of blood flow in different brain regions as patients rest in the scanner. Scientists use the resulting data to assess the integrity of the default mode network, a set of connections between different brain regions that becomes active when the mind is at rest.
Earlier studies by Ances and other researchers have shown that Alzheimer’s damages connections in the default mode network and other brain networks.
The new study revealed that this damage became detectable at about the same time that amyloid beta levels began to fall and tau levels started to rise in spinal fluid. The part of the default mode network most harmed by the onset of Alzheimer’s disease was the connection between two brain areas associated with memory, the posterior cingulate and medial temporal regions.
The researchers are continuing to study the connections between brain network damage and the progress of early Alzheimer’s disease in normal volunteers and in patients in the early stages of Alzheimer’s-associated dementia.
(Source: news.wustl.edu)
Autistic kids who best peers at math show different brain organization
Children with autism and average IQs consistently demonstrated superior math skills compared with nonautistic children in the same IQ range, according to a study by researchers at the Stanford University School of Medicine and Lucile Packard Children’s Hospital.
“There appears to be a unique pattern of brain organization that underlies superior problem-solving abilities in children with autism,” said Vinod Menon, PhD, professor of psychiatry and behavioral sciences and a member of the Child Health Research Institute at Packard Children’s.
The autistic children’s enhanced math abilities were tied to patterns of activation in a particular area of their brains — an area normally associated with recognizing faces and visual objects.
Menon is senior author of the study, published online Aug. 17 in Biological Psychiatry. Postdoctoral scholar Teresa luculano, PhD, is the lead author.
Children with autism have difficulty with social interactions, especially interpreting nonverbal cues in face-to-face conversations. They often engage in repetitive behaviors and have a restricted range of interests.
But in addition to such deficits, children with autism sometimes exhibit exceptional skills or talents, known as savant abilities. For example, some can instantly recall the day of the week of any calendar date within a particular range of years — for example, that May 21, 1982, was a Friday. And some display superior mathematical skills.
“Remembering calendar dates is probably not going to help you with academic and professional success,” Menon said. “But being able to solve numerical problems and developing good mathematical skills could make a big difference in the life of a child with autism.”
The idea that people with autism could employ such skills in jobs, and get satisfaction from doing so, has been gaining ground in recent years.
The participants in the study were 36 children, ages 7 to 12. Half had been diagnosed with autism. The other half was the control group. Each group had 14 boys and four girls. (Autism disproportionately affects boys.) All participants had IQs in the normal range and showed normal verbal and reading skills on standardized tests administered as part of the recruitment process for the study. But on the standardized math tests that were administered, the children with autism outperformed children in the control group.
After the math test, researchers interviewed the children to assess which types of problem-solving strategies each had used: Simply remembering an answer they already knew; counting on their fingers or in their heads; or breaking the problem down into components — a comparatively sophisticated method called decomposition. The children with autism displayed greater use of decomposition strategies, suggesting that more analytic strategies, rather than rote memory, were the source of their enhanced abilities.
Then, the children worked on solving math problems while their brain activity was measured in an MRI scanner, in which they had to lie down and remain still. The brain scans of the autistic children revealed an unusual pattern of activity in the ventral temporal occipital cortex, an area specialized for processing visual objects, including faces.
“Our findings suggest that altered patterns of brain organization in areas typically devoted to face processing may underlie the ability of children with autism to develop specialized skills in numerical problem solving,” Iuculano said.
“These findings not only empirically confirm that high-functioning children with autism have especially strong number-problem-solving abilities, but show that this cognitive strength in math is based on different patterns of functional brain organization,” said Carl Feinstein, MD, director of the Center for Autism and Related Disorders at Packard Children’s and professor of psychiatry and behavioral sciences at the School of Medicine. He was not involved in the study.
Menon added that previous research “has focused almost exclusively on weaknesses in children with autism. Our study supports the idea that the atypical brain development in autism can lead, not just to deficits, but also to some remarkable cognitive strengths. We think this can be reassuring to parents.”
The research team is now gathering data from a larger group of children with autism to learn more about individual differences in their mathematical abilities. Menon emphasized that not all children with autism have superior math abilities, and that understanding the neural basis of variations in problem-solving abilities is an important topic for future research.
(Image: Corbis)
Imaging in mental health and improving the diagnostic process
What are some of the most troubling numbers in mental health? Six to 10 — the number of years it can take to properly diagnose a mental health condition. Dr. Elizabeth Osuch, a Researcher at Lawson Health Research Institute and a Psychiatrist at London Health Sciences Centre and the Department of Psychiatry at Western University, is helping to end misdiagnosis by looking for a ‘biomarker’ in the brain that will help diagnose and treat two commonly misdiagnosed disorders.
Major Depressive Disorder (MDD), otherwise known as Unipolar Disorder, and Bipolar Disorder (BD) are two common disorders. Currently, diagnosis is made by patient observation and verbal history. Mistakes are not uncommon, and patients can find themselves going from doctor to doctor receiving improper diagnoses and prescribed medications to little effect.
Dr. Osuch looked to identify a ‘biomarker’ in the brain which could help optimize the diagnostic process. She examined youth who were diagnosed with either MDD or BD (15 patients in each group) and imaged their brains with an MRI to see if there was a region of the brain which corresponded with the bipolarity index (BI). The BI is a diagnostic tool which encompasses varying degrees of bipolar disorder, identifying symptoms and behavior in order to place a patient on the spectrum.
What she found was the activation of the putamen correlated positively with BD. This is the region of the brain that controls motor skills, and has a strong link to reinforcement and reward. This speaks directly to the symptoms of bipolar disorder. “The identification of the putamen in our positive correlation may indicate a potential trait marker for the symptoms of mania in bipolar disorder,” states Dr. Osuch.
In order to reach this conclusion, the study approached mental health research from a different angle. “The unique aspect of this research is that, instead of dividing the patients by psychiatric diagnoses of bipolar disorder and unipolar depression, we correlated their functional brain images with a measure of bipolarity which spans across a spectrum of diagnoses.” Dr. Osuch explains, “This approach can help to uncover a ‘biomarker’ for bipolarity, independent of the current mood symptoms or mood state of the patient.”
Moving forward Dr. Osuch will repeat the study with more patients, seeking to prove that the activation of the putamen is the start of a trend in large numbers of patients. The hope is that one day there could be a definitive biological marker which could help differentiate the two disorders, leading to a faster diagnosis and optimal care.
In using a co-relative approach, a novel method in the field, Dr. Osuch uncovered results in patients that extend beyond verbal history and observation. These results may go on to change the way mental health is diagnosed, and subsequently treated, worldwide.
Study debunks controversial MS theory
There is no evidence that impaired blood flow or blockage in the veins of the neck or head is involved in multiple sclerosis, says a McMaster University study.
The research, published online by PLOS ONE Wednesday, found no evidence of abnormalities in the internal jugular or vertebral veins or in the deep cerebral veins of any of 100 patients with multiple sclerosis (MS) compared with 100 people who had no history of any neurological condition.
The study contradicts a controversial theory that says that MS, a chronic, neurodegenerative and inflammatory disease of the central nervous system, is associated with abnormalities in the drainage of venous blood from the brain. In 2008 Italian researcher Paolo Zamboni said that angioplasty, a blockage clearing procedure, would help MS patients with a condition he called chronic cerebrospinal venous insufficiency (CCSVI). This caused a flood of public response in Canada and elsewhere, with many concerned individuals lobbying for support of the ‘Liberation Treatment’ to clear the veins, as advocated by Zamboni.
“This is the first Canadian study to provide compelling evidence against the involvement of CCSVI in MS,” said principal investigator Ian Rodger, a professor emeritus of medicine in the Michael G. DeGroote School of Medicine. “Our findings bring a much needed perspective to the debate surrounding venous angioplasty for MS patients”.
In the study all participants received an ultrasound of deep cerebral veins and neck veins as well as a magnetic resonance imaging (MRI) of the neck veins and brain. Each participant had both examinations performed on the same day. The McMaster research team included a radiologist and two ultrasound technicians who had trained in the Zamboni technique at the Department of Vascular Surgery of the University of Ferrara.
(Source: dailynews.mcmaster.ca)
Brain scans could predict response to antipsychotic medication
Researchers from King’s College London and the University of Nottingham have identified neuroimaging markers in the brain which could help predict whether people with psychosis respond to antipsychotic medications or not.
In approximately half of young people experiencing their first episode of a psychosis (FEP), the symptoms do not improve considerably with the initial medication prescribed, increasing the risk of subsequent episodes and worse outcome. Identifying individuals at greatest risk of not responding to existing medications could help in the search for improved medications, and may eventually help clinicians personalize treatment plans.
In a study published today in JAMA Psychiatry, researchers used structural Magnetic Resonance Imaging (MRI) to scan the brains of 126 individuals – 80 presenting with FEP, and 46 healthy controls. Participants had an MRI scan shortly after their FEP, and another assessment 12 weeks later, to establish whether symptoms had improved following the first treatment with antipsychotic medications.
The researchers examined a particular feature of the brain called “cortical gyrification” - the extent of folding of the cerebral cortex and a marker of how it has developed. They found that the individuals who did not respond to treatment already had a significant reduction in gyrification across multiple brain regions, compared to patients who did respond and to individuals without psychosis. This reduced gyrification was particularly present in brain areas considered important in psychosis, such as the temporal and frontal lobes. Those who responded to treatment were virtually indistinguishable from the healthy controls.
The researchers also investigated whether the differences could be explained by the type of diagnosis of psychosis (eg. with or without affective symptoms, such as depression or elated mood). They found that reduced gyrification predicted non-response to treatment independently of the diagnosis.
Dr Paola Dazzan from the Department of Psychosis Studies at King’s College London’s Institute of Psychiatry, and senior author of the paper, says: “Our study provides crucial evidence of a neuroimaging marker that, if validated, could be used early in psychosis to help identify those people less likely to respond to medications. It is possible that the alterations we observed are due to differences in the way the brain has developed early on in people who do not respond to medication compared to those who do.”
She continues:”There have been few advances in developing novel anti-psychotic drugs over the past 50 years and we still face the same problems with a sub-group of people who do not respond to the drugs we currently use. We could envisage using a marker like this one to identify people who are least likely to respond to existing medications and focus our efforts on developing new medication specifically adapted to this group. In the longer term, if we were able to identify poor responders at the outset, we may be able to formulate personalized treatment plans for that individual patient.”
Dr Lena Palaniyappan from the University of Nottingham adds: “All of us have complex and varying patterns of folding in our brains. For the first time we are showing that the measurement of these variations could potentially guide us in treating psychosis. It is possible that people with specific patterns of brain structure respond better to treatments other than antipsychotics that are currently in use. Clearly, the time is ripe for us to focus on utilising neuroimaging to guide treatment decisions.”
Psychosis is a term used to indicate mental health disorders that present with symptoms like hallucinations (such as hearing voices) or delusions (unshakeable beliefs based on the person’s altered perception of reality, which may not correspond to the way others see the world). Psychotic episodes are present in conditions such as schizophrenia and bipolar disorder.
Approximately 1 in 100 people in England have at least one episode of psychosis throughout their lives. In most cases, psychosis develops during late adolescence (15 or above) or adulthood. Treatment involves a combination of antipsychotic medication, psychological therapies and social support. Many people with psychosis go on to lead ordinary lives and for about 60% of people, the symptoms disappear within 12 months from onset. However, for others, treatment is less straightforward and many do not respond to the initial antipsychotic treatment prescribed by their doctor. Early response to antipsychotic medication is known to be associated with better outcome and fewer subsequent episodes, and intervening early with effective treatments is therefore important.
(Source: kcl.ac.uk)
Researchers Debunk Myth of “Right-brain” and “Left-brain”Personality Traits
Newly released research findings from University of Utah neuroscientists assert that there is no evidence within brain imaging that indicates some people are right-brained or left-brained.
Chances are, you’ve heard the label of being a “right-brained” or “left-brained” thinker. Logical, detail-oriented and analytical? That’s left-brained behavior. Creative, thoughtful and subjective? Your brain’s right side functions stronger —or so long-held assumptions suggest.
But newly released research findings from University of Utah neuroscientists assert that there is no evidence within brain imaging that indicates some people are right-brained or left-brained.
For years in popular culture, the terms left-brained and right-brained have come to refer to personality types, with an assumption that some people use the right side of their brain more, while some use the left side more.
Following a two-year study, University of Utah researchers have debunked that myth through identifying specific networks in the left and right brain that process lateralized functions. Lateralization of brain function means that there are certain mental processes that are mainly specialized to one of the brain’s left or right hemispheres. During the course of the study, researchers analyzed resting brain scans of 1,011 people between the ages of seven and 29. In each person, they studied functional lateralization of the brain measured for thousands of brain regions —finding no relationship that individuals preferentially use their left -brain network or right- brain network more often.
“It’s absolutely true that some brain functions occur in one or the other side of the brain. Language tends to be on the left, attention more on the right. But people don’t tend to have a stronger left- or right-sided brain network. It seems to be determined more connection by connection, ” said Jeff Anderson, M.D., Ph.D., lead author of the study, which is formally titled “An Evaluation of the Left-Brain vs. Right-Brain Hypothesis with Resting State Functional Connectivity Magnetic Resonance Imaging.” It is published in the journal PLOS ONE this month.
Researchers obtained brain scans for the population they studied from a database called INDI, the International Neuroimaging Data-Sharing Initiative. The participants’ scans were taken during a functional connectivity MRI analysis, meaning a participant laid in a scanner for 5 to 10 minutes while their resting brain activity was analyzed.
By viewing brain activity, scientists can correlate brain activity in one region of the brain compared to another. In the study, researchers broke up the brain into 7,000 regions and examined which regions of the brain were more lateralized. They looked for connections — or all of the possible combinations of brain regions — and added up the number of connections for each brain region that was left- lateralized or right-lateralized. They discovered patterns in brain imaging for why a brain connection might be strongly left- or right-lateralized, said Jared Nielsen, a graduate student in neuroscience who carried out the study as part of his coursework.
“If you have a connection that is strongly left- lateralized, it relates to other strongly lateralized connection only if both sets of connections have a brain region in common,” said Nielsen.
Results of the study are groundbreaking, as they may change the way people think about the old right-brain versus left-brain theory, he said.
“Everyone should understand the personality types associated with the terminology ‘left-brained’ and ‘right-brained’ and how they relate to him or her personally; however, we just don’t see patterns where the whole left-brain network is more connected or the whole right-brain network is more connected in some people. It may be that personality types have nothing to do with one hemisphere being more active, stronger, or more connected,” said Nielsen.
Brain scans may help diagnose dyslexia
Differences in a key language structure can be seen even before children start learning to read.
About 10 percent of the U.S. population suffers from dyslexia, a condition that makes learning to read difficult. Dyslexia is usually diagnosed around second grade, but the results of a new study from MIT could help identify those children before they even begin reading, so they can be given extra help earlier.
The study, done with researchers at Boston Children’s Hospital, found a correlation between poor pre-reading skills in kindergartners and the size of a brain structure that connects two language-processing areas.
Previous studies have shown that in adults with poor reading skills, this structure, known as the arcuate fasciculus, is smaller and less organized than in adults who read normally. However, it was unknown if these differences cause reading difficulties or result from lack of reading experience.
“We were very interested in looking at children prior to reading instruction and whether you would see these kinds of differences,” says John Gabrieli, the Grover M. Hermann Professor of Health Sciences and Technology, professor of brain and cognitive sciences and a member of MIT’s McGovern Institute for Brain Research.
Gabrieli and Nadine Gaab, an assistant professor of pediatrics at Boston Children’s Hospital, are the senior authors of a paper describing the results in the Aug. 14 issue of the Journal of Neuroscience. Lead authors of the paper are MIT postdocs Zeynep Saygin and Elizabeth Norton.
The path to reading
The new study is part of a larger effort involving approximately 1,000 children at schools throughout Massachusetts and Rhode Island. At the beginning of kindergarten, children whose parents give permission to participate are assessed for pre-reading skills, such as being able to put words together from sounds.
“From that, we’re able to provide — at the beginning of kindergarten — a snapshot of how that child’s pre-reading abilities look relative to others in their classroom or other peers, which is a real benefit to the child’s parents and teachers,” Norton says.
The researchers then invite a subset of the children to come to MIT for brain imaging. The Journal of Neuroscience study included 40 children who had their brains scanned using a technique known as diffusion-weighted imaging, which is based on magnetic resonance imaging (MRI).
This type of imaging reveals the size and organization of the brain’s white matter — bundles of nerves that carry information between brain regions. The researchers focused on three white-matter tracts associated with reading skill, all located on the left side of the brain: the arcuate fasciculus, the inferior longitudinal fasciculus (ILF) and the superior longitudinal fasciculus (SLF).
When comparing the brain scans and the results of several different types of pre-reading tests, the researchers found a correlation between the size and organization of the arcuate fasciculus and performance on tests of phonological awareness — the ability to identify and manipulate the sounds of language.
Phonological awareness can be measured by testing how well children can segment sounds, identify them in isolation, and rearrange them to make new words. Strong phonological skills have previously been linked with ease of learning to read. “The first step in reading is to match the printed letters with the sounds of letters that you know exist in the world,” Norton says.
The researchers also tested the children on two other skills that have been shown to predict reading ability — rapid naming, which is the ability to name a series of familiar objects as quickly as you can, and the ability to name letters. They did not find any correlation between these skills and the size or organization of the white-matter structures scanned in this study.
Brian Wandell, director of Stanford University’s Center for Cognitive and Neurobiological Imaging, says the study is a valuable contribution to efforts to find biological markers that a child is likely to need extra help to learn to read.
“The work identifies a clear marker that predicts reading, and the marker is present at a very young age. Their results raise questions about the biological basis of the marker and provides scientists with excellent new targets for study,” says Wandell, who was not part of the research team.
Early intervention
The left arcuate fasciculus connects Broca’s area, which is involved in speech production, and Wernicke’s area, which is involved in understanding written and spoken language. A larger and more organized arcuate fasciculus could aid in communication between those two regions, the researchers say.
Gabrieli points out that the structural differences found in the study don’t necessarily reflect genetic differences; environmental influences could also be involved. “At the moment when the children arrive at kindergarten, which is approximately when we scan them, we don’t know what factors lead to these brain differences,” he says.
The researchers plan to follow three waves of children as they progress to second grade and evaluate whether the brain measures they have identified predict poor reading skills.
“We don’t know yet how it plays out over time, and that’s the big question: Can we, through a combination of behavioral and brain measures, get a lot more accurate at seeing who will become a dyslexic child, with the hope that that would motivate aggressive interventions that would help these children right from the start, instead of waiting for them to fail?” Gabrieli says.
For at least some dyslexic children, offering extra training in phonological skills can help them improve their reading skills later on, studies have shown.
Oprah’s and Einstein’s faces help spot dementia
New test designed for younger people reveals early-onset dementia
Simple tests that measure the ability to recognize and name famous people such as Albert Einstein, Bill Gates or Oprah Winfrey may help doctors identify early dementia in those 40 to 65 years of age, according to new Northwestern Medicine research.
The research appears in the August 13, 2013, print issue of Neurology, the medical journal of the American Academy of Neurology.
"These tests also differentiate between recognizing a face and actually naming it, which can help identify the specific type of cognitive impairment a person has," said study lead author Tamar Gefen, a doctoral candidate in neuropsychology at the Cognitive Neurology and Alzheimer’s Disease Center at Northwestern University Feinberg School of Medicine.
Gefen did the research in the lab of senior author Emily Rogalski, assistant research professor at Northwestern’s Cognitive Neurology and Alzheimer’s Disease Center.
Face recognition tests exist to help identify dementia, but they are outdated and more suitable for an older generation.
"The famous faces for this study were specifically chosen for their relevance to individuals under age 65, so that the test may be useful for diagnosing dementia in younger individuals," Rogalski said. An important component of the test is that it distinguishes deficits in remembering the name of a famous person from that of recognizing the same individual, she noted.
The study also used quantitative software to analyze MRI scans of the brains of the individuals who completed the test to understand the brain areas important for naming and recognition of famous faces.
For the study, 30 people with primary progressive aphasia, a type of early onset dementia that mainly affects language, and 27 people without dementia, all an average age of 62, were given a test. The test includes 20 famous faces printed in black and white, including John F. Kennedy, Lucille Ball, Princess Diana, Martin Luther King Jr. and Elvis Presley.
Participants were given points for each face they could name. If the subject could not name the face, he or she was asked to identify the famous person through description. Participants gained more points by providing at least two relevant details about the person. The two groups also underwent MRI brain scans.
Researchers found that the people who had primary progressive aphasia, a form of early onset dementia, performed significantly worse on the test, scoring an average of 79 percent in recognition of famous faces and 46 percent in naming the faces, compared to 97 percent in recognition and 93 percent on naming for those free of dementia.
The study also found that people who had trouble putting names to the faces were more likely to have a loss of brain tissue in the left temporal lobe of the brain, while those with trouble recognizing the faces had tissue loss on both the left and right temporal lobe.
"In addition to its practical value in helping us identify people with early dementia, this test also may help us understand how the brain works to remember and retrieve its knowledge of words and objects," Gefen said.
Could the Government Get a Search Warrant for Your Thoughts?
We don’t have a mind reading machine. But what if we one day did? The technique of functional MRI (fMRI), which measures changes in localized brain activity over time, can now be used to infer information regarding who we are thinking about, what we have seen, and the memories we are recalling. As the technology for inferring thought from brain activity continues to improve, the legal questions regarding its potential application in criminal and civil trials are gaining greater attention.
Last year, a Maryland man on trial for murdering his roommate tried to introduce results from an fMRI-based lie detection test to bolster his claim that the death was a suicide. The court ruled (PDF) the test results inadmissible, noting that the “fMRI lie detection method of testing is not yet accepted in the scientific community.” In a decision last year to exclude fMRI lie detection test results submitted by a defendant in a different case, the Sixth Circuit was even more skeptical, writing (PDF) that “there are concerns with not only whether fMRI lie detection of ‘real lies’ has been tested but whether it can be tested.”
So far, concerns regarding reliability have kept thought-inferring brain measurements out of U.S. (but not foreign) courtrooms. But is technology the only barrier? Or, if more mature, reliable brain scanning methods for detecting truthfulness and reading thoughts are developed in the future, could they be employed not only by defendants hoping to demonstrate innocence but also by prosecutors attempting to establish guilt? Could prosecutors armed with a search warrant compel an unwilling suspect to submit to brain scans aimed at exploring his or her innermost thoughts?
The answer surely ought to be no. But getting to that answer isn’t as straightforward as it might seem. The central constitutional question relates to the Fifth Amendment, which states that “no person … shall be compelled in any criminal case to be a witness against himself.” In interpreting the Fifth Amendment, courts have distinguished between testimonial evidence, which is protected from compelled self-incriminating disclosure, and physical evidence, which is not. A suspected bank robber cannot refuse to participate in a lineup or provide fingerprints. But he or she can decline to answer a detective who asks, “Did you rob the bank last week?”
So is the information in a brain scan physical or testimonial? In some respects, it’s a mix of both. As Dov Fox wrote in a 2009 law review article, “Brain imaging is difficult to classify because it promises distinctly testimonial-like information about the content of a person’s mind that is packaged in demonstrably physical-like form, either as blood flows in the case of fMRI, or as brainwaves in the case of EEG.” Fox goes on to conclude that the compelled use of brain imaging techniques would “deprive individuals of control over their thoughts” and be a violation of the Fifth Amendment.
But there is an alternative view as well, under which the Fifth Amendment protects only testimonial communication, leaving the unexpressed thoughts in a suspect’s head potentially open to government discovery, technology permitting. In a recent law review article titled “A Modest Defense of Mind Reading,” Kiel Brennan-Marquez writes that “at least some mind-reading devices almost certainly would not” elicit “communicative acts” by the suspect, “making their use permissible under the Fifth Amendment.” Brennan-Marquez acknowledges that compelled mind-reading would raise privacy concerns, but argues that those should be addressed by the Fourth Amendment, which prohibits unreasonable searches and seizures.
That doesn’t seem right. It would make little sense to provide constitutional protection to a suspected bank robber’s refusal to answer a detective’s question if the thoughts preceding the refusal—e.g., “since I’m guilty, I’d better not answer this question”—are left unprotected. Stated another way, the right to remain silent would be meaningless if not accompanied by protection for the thinking required to exercise it.
And if that weren’t enough, concluding that compelled brain scans don’t violate the Fifth Amendment would raise another problem as well: In a future that might include mature mind-reading technology, it would leave the Fourth Amendment as the last barrier protecting our thoughts from unwanted discovery. That, in turn, would raise the possibility that the government could get a search warrant for our thoughts. It’s a chilling prospect, and one that we should hope never comes to pass.