By Sara Reardon | Nature | 25 February 2015

This article features Amanda Pustilnik, the 2014-2015 Senior Fellow in Law & Applied Neuroscience at CLBB and The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School. Pustilnik’s involvement in the CLBB Pain & Suffering Working Group and their recent Symposium is cited. Nature also published an editorial on pain imaging in the same issue.

Annie is lying down when she answers the phone; she is trying to recover from a rare trip out of the house. Moving around for an extended period leaves the 56-year-old exhausted and with excruciating pain shooting up her back to her shoulders. “It’s really awful,” she says. “You never get comfortable.”

In 2011, Annie, whose name has been changed at the request of her lawyer, slipped and fell on a wet floor in a restaurant, injuring her back and head. The pain has never eased, and forced her to leave her job in retail.

Annie sued the restaurant, which has denied liability, for several hundred thousand dollars to cover medical bills and lost income. To bolster her case that she is in pain and not just malingering, Annie’s lawyer suggested that she enlist the services of Millennium Magnetic Technologies (MMT), a Connecticut-based neuroimaging company that has a centre in Birmingham, Alabama, where Annie lives. MMT says that it can detect pain’s signature using functional magnetic resonance imaging (fMRI), which measures and maps blood flow in the brain as a proxy for neural activity. Continue reading »

By Carrie Peyton Dahlberg | Inside Science | 24 February 2015

Brain imaging can already pull bits of information from the minds of willing volunteers in laboratories. What happens when police or lawyers want to use it to pry a key fact from the mind of an unwilling person?

Will your brain be protected under the Fourth Amendment from unreasonable search and seizure?

Or will your brain have a Fifth Amendment right against self-incrimination? Continue reading »

By Julie Beck | The Atlantic | February 24, 2015

When Paul Ekman was a grad student in the 1950s, psychologists were mostly ignoring emotions. Most psychology research at the time was focused on behaviorism—classical conditioning and the like. Silvan Tomkins was the one other person Ekman knew of who was studying emotions, and he’d done a little work on facial expressions that Ekman saw as extremely promising.

“To me it was obvious,” Ekman says. “There’s gold in those hills; I have to find a way to mine it.”

For his first cross-cultural studies in the 1960s, he traveled around the U.S., Chile, Argentina, and Brazil. In each location, he showed people photos of different facial expressions and asked them to match the images with six different emotions: happiness, sadness, anger, surprise, fear, and disgust. “There was very high agreement,” Ekman says. People tended to match smiling faces with “happiness,” furrow-browed, tight-lipped faces with “anger,” and so on.

But these responses could have been influenced by culture. The best way to test whether emotions were truly universal, he thought, would be to repeat his experiment in a totally remote society that hadn’t been exposed to Western media. So he planned a trip to Papua New Guinea, his confidence bolstered by films he’d seen of the island’s isolated cultures: “I never saw an expression I wasn’t familiar with in our culture,” he says.

Once there, he showed locals the same photos he’d shown his other research subjects. He gave them a choice between three photos and asked them to pick images that matched various stories (such as “this man’s child has just died”). Adult participants chose the expected emotion between 28 and 100 percent of the time, depending which photos they were choosing among. (The 28 percent was a bit of an outlier: That was when people had to choose between fear, surprise, and sadness. The next lowest rate was 48 percent.)

And so the six emotions used in Ekman’s studies came to be known as the “basic emotions” all humans recognize and experience. Some researchers now say there are fewer than six basic emotions, and some say there are more (Ekman himself has now scaled up to 21), but the idea remains the same: Emotions are biologically innate, universal to all humans, and displayed through facial expressions. Ekman, now a professor emeritus of psychology at the University of California, San Francisco, with his own company called The Paul Ekman Group, was named one of Time’s 100 most influential people in 2009, thanks to this work.

But despite the theory’s prominence, there are scientists who disagree, and the debate over the nature of emotion has been reinvigorated in recent years. While it would be easy to paint the argument as two-sided—pro-universality versus anti-universality, or Ekman’s cronies versus his critics—I found that everyone I spoke to for this article thinks about emotion a little differently.

Read the full article here, featuring CLBB Faculty Lisa Feldman Barrett’s work on emotion.

Natalie Salmanowicz | The Journal of Law and the Biosciences | 9 January 2015

From an observer’s perspective, pain is a fairly nebulous concept—it is not externally visible, its cause is not obvious, and perceptions of its intensity are mainly subjective. If difficulties in understanding the source and degree of pain are troublesome in contexts requiring social empathy, they are especially problematic in the legal setting. Tort law applies to both acute and chronic pain cases, but the lack of objective measures demands high thresholds of proof. However, recent developments in pain neuroimaging may clarify some of these inherent uncertainties, as studies purport detection of pain on an individual level. In analyzing the scientific and legal barriers of utilizing pain neuroimaging in court, it is prudent to discuss neuroimaging for deception, a topic that has garnered significant controversy due to premature attempts at introduction in the courtroom. Through comparing and contrasting the two applications of neuroimaging to the legal setting, this paper argues that the nature of tort law, the distinct features of pain, and the reduced vulnerability to countermeasures distinguish pain neuroimaging in a promising way. This paper further contends that the mistakes and lessons involving deception detection are essential to consider for pain neuroimaging to have a meaningful future in court.

Read the full paper here.

By David Salisbury | Vanderbilt University Research News | 3 August 2014

Issues of crime and punishment, vengeance and justice date back to the dawn of human history, but it is only in the last few years that scientists have begun exploring the basic nature of the complex neural processes in the brain that underlie these fundamental behaviors.

Now a new brain imaging study – published online Aug. 3 by the journal Nature Neuroscience has identified the brain mechanisms that underlie our judgment of how severely a person who has harmed another should be punished. Specifically, the study determined how the area of the brain that determines whether such an act was intentional or unintentional trumps the emotional urge to punish the person, however gruesome the harm may be. Continue reading »