115 research outputs found

    Neuroscience, Artificial Intelligence, and the Case Against Solitary Confinement

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    Prolonged solitary confinement remains in widespread use in the United States despite many legal challenges. A difficulty when making the legal case against solitary confinement is proffering sufficiently systematic and precise evidence of the detrimental effects of the practice on inmates\u27 mental health. Given this need for further evidence, this Article explores how neuroscience and artificial intelligence (AI) might provide new evidence of the effects of solitary confinement on the human brain. This Article argues that both neuroscience and AI are promising in their potential ability to present courts with new types of evidence on the effects of solitary confinement on inmates\u27 brain circuitry. But at present, neither field has collected the type of evidence that is likely to tip the scales against solitary confinement and end the practice. This Article concludes that ending the entrenched practice of solitary confinement will likely require both traditional and novel forms of evidence. In exploring the potential effects of neuroscientific evidence on support for solitary confinement, the Article reports results from an Associate Professor of Law and McKnight Presidential Fellow, University original online experiment with a group of 250 ideologically conservative participants. The analysis finds that the introduction of brain injury reduced conservatives\u27 support for solitary confinement but not to the extent that is likely to make a policy impact. The Article argues that future, more individualized brain evidence may be of greater use, but at present neuroscience is limited in its ability to systematically measure the brain changes that inmates experience in solitary confinement. This Article then turns to AI and argues that it could be developed to provide litigators and inmates with the ability to more effectively document the detrimental effects of solitary confinement. Looking to the future, the Article lays out a vision for an AI system called Helios, named after the Homeric sun god believed to see and hear everything. The Article envisions Helios as a self-learning AI system with a mission to help inmates and their attorneys gather more systematic evidence of the effects of solitary confinement on inmate health. Helios is also a platform on which additional inmate services might one day be provided. The Article describes how Helios must be carefully designed, with particular attention given to privacy concerns. This Article is organized in seven parts. Part I describes the historical and contemporary use of solitary confinement in the United States, highlighting the known effects of solitary confinement on inmates. Part II summarizes recent constitutional challenges to the practice of solitary confinement. Part III explores the potential for integrating neuroscientific evidence into these legal challenges to solitary confinement. Part IV discusses a new online experiment to explore whether neuroscience might change public opinion on solitary confinement. In Part V, the Article transitions to a consideration of AI. The Article proposes a self-learning system, Helios, and describes how the system would operate. Part VI turns to a series of challenging ethical and legal questions about the design and implementation of Helios. Part VII briefly concludes

    The American Bar Association Joint Task Force on Reversing the School-to-Prison Pipeline Preliminary Report

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    In 2014, the American Bar Association (ABA) Coalition on Racial and Ethnic Justice (COREJ) turned its attention to the continuing failures in the education system where certain groups of students — for example, students of color, with disabilities, or LGBTQ — are disproportionately over- or incorrectly categorized in special education, are disciplined more harshly, including referral to law enforcement for minimal misbehavior, achieve at lower levels, and eventually drop or are pushed out of school, often into juvenile justice facilities and prisons — a pattern now commonly referred to as the School-to-Prison Pipeline. While this problem certainly is not new, it presented a convergence of several laws, policies, and practices where the legal community’s intervention is critical. Joined by the ABA Pipeline Council and Criminal Justice Section, and supported by its sister ABA entities, COREJ sponsored a series of eight Town Halls across the country to investigate the issues surrounding this pipeline. The focus of these Town Halls was to 1) explore the issues as they presented themselves for various groups and various locales; 2) gather testimony on solutions that showed success, with particular focus on interventions where the legal community could be most effective in interrupting and reversing the School-to-Prison Pipeline; and 3) draw attention to the role implicit bias plays in creating and maintaining this pipeline. This report is a result of those convenings

    Analysis and Investigation of Solitary Confinement Reforms

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    Les neurosciences en droit pénal, une preuve surestimée?

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    L'enthousiasme éprouvé pour les neurosciences appliquées au droit (le « neurolaw ») se situe dans le prolongement de l'alliance séculaire entre sciences et droit, en promettant d'apporter aux tribunaux un éclairage inédit sur certains aspects jusqu'alors inexplorés du fonctionnement de notre cerveau. Compte tenu de l'importance des enjeux qui se décident quotidiennement devant les tribunaux criminels, il serait intéressant de s'interroger sur les apports possibles des neurosciences au droit criminel canadien. Notre revue de jurisprudence principalement canadienne et de littérature tant juridique que neuroscientifique a permis de démontrer que ces apports peuvent se situer à deux niveaux : dans la détermination des faits entre les parties, d'une part et, d'autre part, dans l'émergence de nouvelles normes constitutionnelles sculptant les contours de notre droit criminel moderne. Dans la détermination des faits entre les parties au litige (inter partes), les moyens de preuve neuroscientifiques n'emportent pas, pour le moment, une valeur probante plus grande que d'autres expertises, de nature psychiatrique ou psychosociale, en l'absence de corroboration - qu'elle émane d'autres expertises, des antécédents médicaux voire de témoignages profanes. Selon que la question en litige a trait plus étroitement à l'état de santé mentale des parties, les neurosciences sont d'une pertinence et utilité accrues. Lorsque la question à trancher implique plus que la détermination de la santé mentale des parties (p.ex. détermination de la peine), les conséquences sociales et personnelles des résultats neuroscientifiques sont davantage scrutées à la loupe au regard des critères juridiques applicables (p.ex. sécurité du public, réhabilitation). Tout compte fait, relativement à la détermination des faits inter partes, les neurosciences ont moins révolutionné le droit qu'elles se sont laissées subsumées par ce dernier. D'autre part, de récentes avancées neuroscientifiques ont bel et bien été interpellées par les tribunaux, de concours avec d'autres expertises sociales, dans la révision erga omnes de certaines normes constitutionnelles relatives à l'objet du droit criminel moderne. Nous avons identifié à cet égard trois axes de contrôle judiciaire que sont l'infliction de peines cruelles et inusitées aux délinquants adolescents, la capacité de consentement et la décriminalisation de la possession de certaines substances psychoactives. La prédiction des risques de récidive à l'aide de certains marqueurs neurologiques commence également à être plus sérieusement étudiée.Our shared enthusiasm for neurosciences as applied to law ("neurolaw") stems from an age-old alliance between law and science. It promises to shed light on aspects hitherto unexplored about our neuronal functioning and brain structures. Given the importance of the issues at stake that have to be decided on a daily basis by criminal courts across Canada, it begs the question as to the possible contributions of neurosciences to Canadian criminal law. Our review of predominantly Canadian caselaw and of both legal and neuroscientific literature has made it possible to determine that these contributions are to be found at two levels: in the determination of the facts between the parties, on the one hand, and in the emergence of new constitutional norms sculpting the contours of our modern criminal law. In determining the facts between the parties to the dispute (inter partes), neuroscientific evidence does not carry a greater probative value than other expertises, of a psychiatric or psychosocial nature, in the absence of corroboration from other expertises, the accused's psychiatric history or even lay witnesses. Depending on whether the issue in dspute relates more closely to the mental state of the parties, neuroscience is of increased relevance and usefulness. When the issue to be decided involves more than the determination of mental states (e.g. sentencing), the social and personal consequences of neuroscientific results are more closely scrutinized against the applicable legal criteria (e.g. public safety, rehabilitation). All in all, when it comes to determining relevant facts inter partes, neurosciences have up until now less revolutionized our law than being subsumed by it. On the other hand, recent neuroscientific advances have indeed been called upon by the courts - together with other expertises - in the erga omnes constitutional reshaping of the purpose of our modern criminal law. In this regard we identified three main areas of judicial control, namely, the infliction of cruel and unusual punishment on adolescent offenders, the capacity of consenting, and decriminalization of psychoactive substances. The prediction of offenders' recidivism from neurological markers is also beginning to be more seriously studied

    An Independent Validation And Extended Examination Of The Complex Trial Protocol, A P300-Based Concealed Information Test

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    The P300-based Concealed Information Test (CIT) is a memory detection technique where an examiner presents an examinee a crime relevant piece of information called ‘probe’ along with an assortment of neutral alternatives called ‘irrelevants’ while measuring P300 amplitudes. The Complex Trial Protocol (CTP) is a four-stimuli method of presenting probes and irrelevants while maintaining the examinee’s attention on the computer screen with the additional presentation of ‘target’ and ‘Non-target’ items. The CTP has only been validated once by a team of independent researchers. In addition, CIT examiners are often faced with examinees intent on using countermeasures (CM) meant to influence the test outcome in their favour. We presented a literature review in chapter 1 in relation to CIT & CTP related research. In chapter 2 our aim was twofold. First, to validate the CTP’s performance with autobiographical data, and then to test it with a novel mental (counting backwards) CM. We met both objectives by obtaining excellent detection results in terms of sensitivity (98%) and specificity (100%). The goal in chapter 3 was to verify if deep and shallow levels of processing (LOP) in a dual modality (words versus pictures) presentation had any influence on CTP results. Our findings pointed to the absence of an LOP effect on either verbal or visual stimuli, but we identified a pictorial superiority effect over words. Notwithstanding, these conclusions of our true positive (sensitivity) detection rates were unacceptably low, ranging from 7% (words) to 60% (pictures), while true negative (specificity) levels were excellent at 100%. Finally, in chapter 4 we exposed our participants to a mock terrorism scenario as we sought to explore the usage of three successive pictorial blocks of stimuli (mock bomb, mock crime scene, and male accomplice face) and to replicate the work of Hu, Bergström, Bodenhausen, and Rosenfeld (2015) and Ward and Rosenfeld (2017) on a memory inhibition CM. Depending on the stimuli type, our results showed diagnostic rates ranging from 64% to 79% in the innocent condition (true negatives), to 54% to 77% in the simply guilty group (true positives), and 71% to 93% in the guilty CM group (true positives). Experiment 4 highlights the importance of the careful selection of probe type for an effective CIT. Relative to participants in the two guilty groups, innocent persons unexpectedly reacted to the mock bomb, whereas the facial probe of a male accomplice produced better distinguishing results. Lastly, we successfully replicated findings on the memory inhibition CM

    Technologies on the stand:Legal and ethical questions in neuroscience and robotics

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    The Process Dissociation of Moral Judgments: Clarifying the Psychology of Deontology and Utilitarianism

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    A growing body of work has examined responses to moral dilemmas where causing some degree of harm leads to a greater positive outcome; such dilemmas are said to pit deontological philosophical considerations (causing harm is never acceptable) against utilitarian philosophical considerations (causing harm is acceptable if it leads to the best possible outcome). According to dual-process theories of moral judgment, independent processes drive each judgment: affective reactions to harm drive deontological judgments, whereas cognitive evaluations of outcomes drive utilitarian judgments. Yet, theoretically both processes contribute to each judgment; therefore, it is an error to equate judgments with processes. To overcome this error, we adapted Jacoby’s (1991) process dissociation (PD) procedure to independently quantify the strength of deontological and utilitarian inclinations within individuals. Five studies presented in two articles support the conclusion that process dissociation taps the processes theorized to underlie moral judgments more effectively than overt dilemma judgments, and allows for increased insight into the nature of moral processing. In Conway and Gawronski (2013) Study 1, the PD parameters predicted theoretically relevant individual-difference variables (e.g., the utilitarian parameter uniquely predicted cognitive load, whereas the deontology parameter uniquely predicted empathic concern and perspective-taking). Moreover, both parameters predicted moral identity—a relation that was obscured using overt moral judgments. In Study 2, a cognitive load manipulation selectively reduced utilitarian inclinations, whereas in Study 3, a manipulation that increased the vividness of harm selectively increased the deontology parameter. Together, these findings suggest that the deontology parameter is tapping affective reactions to harm, and the utilitarian parameter is tapping cognitive evaluations of outcomes (consistent with theory). In Study 1 of Conway, Bartels, and Pizarro (under review), participants scoring higher in Machiavellianism, psychopathy, and meaninglessness made more overt utilitarian judgments (replicating past findings), but process dissociation revealed that this relation was due to decreased deontology rather than increased utilitarianism among people high in antisocial personality traits. Study 2 demonstrated that the deontology and utilitarian parameters each correlated with different kinds of prosociality. These findings clarify theoretical confusion regarding the nature of utilitarianism and deontology

    Art Therapy with an Adolescent: A Case Study

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    Due to the paucity of formal research in the use of art therapy with adolescent populations, the purported effectiveness of art as an assessment instrument in screening for emotional disturbance, and the widespread application of art and other expressive modalities with children, the purpose of this single subject qualitative case study was to describe the experience of an adolescent, diagnosed with a mood disorder, either singly or in combination with other psychiatric disorders, and enrolled full-time in a residential treatment center, while participating in weekly person-centered art therapy sessions. The participant for this study was a 16-year old adolescent female, diagnosed with mild mental retardation and bi-polar disorder. Qualitative data, obtained from typed transcripts of 11 audio-recorded, weekly art therapy sessions, pre- and post-intervention interviews with treatment center staff, and pre- and post-intervention observational data, were analyzed using the constant comparative method. Following data analysis, I integrated and interpreted the findings through the theoretical framework of David Elkind‟s (1978, 1984, 1989, 1998, 1999, 2001) theory of adolescent cognitive development. My findings indicated that, to a degree, the participant‟s experience paralleled expectations based upon Elkind‟s proposed characteristics of adolescent development. The participant was described as receptive to the art therapy intervention, but resistant during times in which verbal communication was employed over the nonverbal, expressive channels of art therapy. Overall, findings from this study provided support for existing literature in the use of art therapy with adolescents. The discussion included implications for counseling and plans for future research in expressive therapy

    Home from school early: why are school suspensions on the rise?

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    Yvonne Harman investigated rising Queensland primary school suspensions. Evidence of associations between ADHD and problematic interactive media use, alongside her finding that the suspended children in her study scored 3 times higher for hyperactivity and peer problem traits than non-suspended children, guided policy recommendations on school-site screen time and student profiling on enrolment

    Mastery Motivation and Executive Functions as School Readiness Factors: Enhancement of School Readiness in Kenya

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    The overall goal of this study is to enhance school readiness assessment in Kenya by developing an easy-to-use tablet-based android app that can support teachers and learners during the assessment of Pre-academic skills, Mastery Motivation (MM) and Executive Functions (EF) in the Kenyan context. We operationalised MM and EF as components of Approaches to Learning (ATL): one of the poorly assessed domains of school readiness. This research was based on the theory of ATL and followed a non-experimental longitudinal research design. One study was a Scoping Review that identified the gap in the literature in the assessment of School Readiness domains using game-like apps. This study formed the basis for developing Finding Out Children's Unique Strengths (FOCUS) app for Kenya following Education Design Research Approach. Two studies tested and evaluated the psychometric properties of the FOCUS app in the Kenyan context. Another two empirical studies focused on adapting the Preschool Dimension of Mastery Questionnaire 18 (DMQ 18) and the Childhood Executive Functioning (CHEXI) to complement the assessment of MM and EF, respectively. In addition, one study addressed the role played by MM and EF on school academic performance. A total of 40 teachers, 497 preschool and 535 grade 1 children were involved in this study. Both parametric and non-parametric statistical analyses were used to analyse the generated data. The FOCUS app, CHEXI and DMQ 18 fit well with the data and exhibited strong psychometric properties, thus being suitable for the Kenyan context. Furthermore, both MM and EF were directly and indirectly, involved in grade one children's academic performance. FOCUS app tasks, pre-academic skills, and number and letter search tasks at preprimary II strongly predicted preschool and grade one academic performance. MM assessed using the FOCUS app as a better predictor of academic performance than the DMQ 18. Interventions to improve MM and EF promise to enhance School Readiness in the Kenyan context. The FOCUS app can greatly complement Kenya School Readiness Test to give teachers and parents a broader spectrum to make correct decisions concerning the child
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