Brain fingerprinting (BF) is a lie detection technique which uses brain waves from a electroencephalography (EEG) to determine whether specific information is stored in the subject's cognitive memory. It was invented by Larry Farwell, a Harvard-graduated neuroscientist, and published in 1995. [1] The technique involves presenting words, phrases, or pictures containing salient details about a crime on a computer screen, in a series with other, irrelevant stimuli to identify whether the suspect recognizes the crime-related items. [2] Although brain fingerprinting has been used in investigations, the test results themselves can not be admitted as evidence in a legal trial. [3]
The assumption underpinning the application of BF is that the culprit has concealed information about the crime stored in the brain and it can be revealed by analysing fluctuations in the brainwaves that measure a human's neurological activity. Brain fingerprinting relies on two major components, specificity and recognition, as it is assumed that the culprit of the crime will recognize certain details of the investigation whilst innocent subjects will not, based on the familiarity of the items presented. [4] For example, only a guilty individual will have concealed information about the specific gun used in a crime. [4]
The procedure begins by attaching sensors called electrodes to the subject's scalp to form a circuit that quantifies brain activity using a test called an electroencephalogram (EEG). [5] When conducting an EEG to measure electrical activity in the brain, a distinctive surge of electrical activity may appear between 300 and 800 milliseconds – this is referred to as the P300 response, first introduced in the 1960s. [6] This psychophysiological response signals one's reaction to seeing a familiar object immediately after being exposed to the stimulus. Based on this information, scientists have argued that they can accurately convict a guilty suspect. [5] Although the origins of this neurological response are unclear, the phenomenon has been extensively studied and peer-reviewed for over 100 years.
Contrary to a traditional polygraph (also known as a lie detector) that relies on changes to sweat glands as nervous responses to determine the subject's honesty, brain fingerprinting is entirely concealed in the brain's responses to stimuli. [7] This makes the technique harder to resist or beat, making it a more reliable method of detecting lies. The P300 response is supported by at least 80 laboratory experiments that use the Guilty Knowledge Test (GKT). [8] The GKT, also known as the Concealed Information Test (CIT), is an alternative method of interrogation to reveal concealed information a culprit might have about a crime. Similarly, it focuses on measuring the physiological reaction of subjects, although it prioritises electrodermal, respiratory and cardiovascular responses rather than neurological activity. [7]
Brain fingerprinting was first used in a criminal case in 1999, when a man named James Grinder confessed to committing a murder that happened 15 years prior. [9] In a short time after his confession, he retracted his statements. [3] The police struggled to incriminate Grinder because the evidence was outdated. The police and FBI reached out to Lawrence Farwell with the aim of using BF to obtain enough evidence to incriminate Grinder. Soon after taking the test, Grinder confessed to the murder of Julie Helton and three other people, securing him life imprisonment. [3] This case was not the last time Farwell worked in collaboration with a US Intelligence Community as the CIA went on to fund Farwell's counterterrorism research for the US Navy, which was published by Frontiers in Neuroscience . [10]
In 2001, the US Federal Agency outlined how brain fingerprinting was only to be used as an investigative tool; however, several intelligence agencies came forth saying that despite the support and funds they had provided to the development of this technology, they were not to use it at all because of its lack of applicability. [11] Following the US court's rejection of BF, Farwell redirected his resources to advertising the technology abroad. He has worked alongside several government agencies, such as in the United Arab Emirates, and justice systems in India and New Zealand. [12] [13] Nevertheless, his technology has not yet achieved a widespread presence in any criminal setting around the world, and results of brainwave analysis are often not admissible as evidence in court. [9]
Following extensive and ongoing research on the brain fingerprinting protocol for detecting deception and its decisive contribution to several trials, the accuracy of technology has been the subject of speculation for a decade. [14] J Peter Rosenfeld found methodological problems associated with brain fingerprinting and related methods. [14] Other researchers have argued that Farwell is misleading and misrepresenting the scientific status of brain fingerprinting technology. [1] [14] Additional studies have attempted to determine the success rate of BF, given that Farwell has claimed a 100% success rate for the technology and a lack of both false positives and negatives in his research. When carrying out comparative studies between the common polygraph lie detector and brain fingerprinting, the latter appears to have fewer false positives; however, when questioned about specific details, the P300 technique seems to be less reliable. [15]
The legitimacy of brain fingerprinting is still questioned. The lack of replication of his studies is largely due to legal restrictions regarding the use of his software and apparatus appointed by the patent issued to Farwell in 1994. [16] This controversy is enhanced by discussion surrounding the patent rights and the fraudulent behaviour of the developer Larry Farwell regarding fabricated FBI reports. [17] Brainwave Sciences, the technology company that owns BF, tainted the validity of the technique when some of its board members became the focal spotlights of scandals in the US. [17] As a result, the acceptance of BF is still the subject of controversy and debate among scholars and legal institutions.
A research team in New Zealand conducted an examination of Farwell's technology and found that current forensic brainwave analysis (FBA) methods did not meet standards for foundational validity (validity in lab settings) set in the Report to the President on Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods. [9] However, they argued that the technique has the potential to serve as a useful tool in civil and criminal justice if its validity can be conclusively established. [9] Two pilot studies exploring FBA have been conducted, and preliminary results suggest the need for further research to determine the accuracy, validity and reliability of FBA. [9]
A recent review by Rosenfeld found that the P300 response has proven resistant and accurate. [18]
Brain fingerprinting has made appearances in the media. In 2018, Larry Farwell's technique made a brief appearance in the second season of Netflix's Making a Murderer ; however, his findings were not considered during the trial as he was using unauthorized software. [17]
Since 2020, the application of brain fingerprinting has changed. Most recently, the term "brain fingerprinting" referred to the uniqueness of brains from a functional neuroimaging context. This new field of study aims to predict patterns of brain connectivity to hopefully prognosticate mental disorders in the future. [19] [20]
A polygraph, often incorrectly referred to as a lie detector test, is a junk science device or procedure that measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity while a person is asked and answers a series of questions. The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can be differentiated from those associated with non-deceptive answers; however, there are no specific physiological reactions associated with lying, making it difficult to identify factors that separate those who are lying from those who are telling the truth.
An event-related potential (ERP) is the measured brain response that is the direct result of a specific sensory, cognitive, or motor event. More formally, it is any stereotyped electrophysiological response to a stimulus. The study of the brain in this way provides a noninvasive means of evaluating brain functioning.
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Neurotechnology encompasses any method or electronic device which interfaces with the nervous system to monitor or modulate neural activity.
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The P300 (P3) wave is an event-related potential (ERP) component elicited in the process of decision making. It is considered to be an endogenous potential, as its occurrence links not to the physical attributes of a stimulus, but to a person's reaction to it. More specifically, the P300 is thought to reflect processes involved in stimulus evaluation or categorization.
Lie detection is an assessment of a verbal statement with the goal to reveal a possible intentional deceit. Lie detection may refer to a cognitive process of detecting deception by evaluating message content as well as non-verbal cues. It also may refer to questioning techniques used along with technology that record physiological functions to ascertain truth and falsehood in response. The latter is commonly used by law enforcement in the United States, but rarely in other countries because it is based on pseudoscience.
An electronic nose is an electronic sensing device intended to detect odors or flavors. The expression "electronic sensing" refers to the capability of reproducing human senses using sensor arrays and pattern recognition systems.
The Collaborative Studies on the Genetics of Alcoholism (COGA) is an eleven-center research project in the United States designed to understand the genetic basis of alcoholism. Research is conducted at University of Connecticut, Indiana University, University of Iowa, SUNY Downstate Medical Center, Washington University in St. Louis, University of California at San Diego, Rutgers University, University of Texas Health Science Center at San Antonio, Virginia Commonwealth University, Icahn School of Medicine at Mount Sinai, and Howard University.
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Electroencephalography (EEG) is a method to record an electrogram of the spontaneous electrical activity of the brain. The biosignals detected by EEG have been shown to represent the postsynaptic potentials of pyramidal neurons in the neocortex and allocortex. It is typically non-invasive, with the EEG electrodes placed along the scalp using the International 10–20 system, or variations of it. Electrocorticography, involving surgical placement of electrodes, is sometimes called "intracranial EEG". Clinical interpretation of EEG recordings is most often performed by visual inspection of the tracing or quantitative EEG analysis.
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James B. Grinder (1945–2010) was an American serial killer and rapist who murdered three teenage girls in Arkansas and a woman in Missouri between 1976 and 1984. Grinder was not apprehended until his confession in March 1998. However, authorities still had little evidence tying Grinder to the murders, so they used a technique known as brain fingerprinting to help prove his guilt. In 1999, Grinder was convicted of the four murders and sentenced to life imprisonment. He remained imprisoned until his death in 2010.