Neuroethics: expanding horizons

I LOVE science. From genetics to astronomy, neuroscience to botany, this branch of knowledge endears me with its concrete facts, equations, and straightforward answers.

Engineering? It’s cool too. As an engineering major in my second year, I’m in the process of learning a ton about what engineering actually is, and I’m enjoying it! You certainly have to know the science behind the technology you’re working on, but you also get to think creatively and innovate. On paper, you can have no limitations and let your designs go wild, but I’m learning that engineering in practice poses limitations that aren’t exactly fun to think about — cost and means of production for instance.

Now, philosophy of science? That’s a whole new level for me. I’m currently taking a philosophy and public policy class on the topic of neuroethics. The problems we’re examining look at how new developments in science and technology can be implemented, with all the ethical, legal, and moral issues that come with it. These types of complex issues enter a completely grey area where there is no right answer. Until taking this class, I generally avoided these types of topics because they’re out of my comfort zone; I think of them as being “fuzzy,” whereas my beloved sciences are concrete.

However, by taking this ethics class, I realized exploring these grey areas is essential. After all, if new discoveries in science are to come to any real world importance, they need to be applied in a practical, ethically sound way.

Let me give you an example. The most recent problem my classmates and I tackled was that of using neuroimaging technology to identify students who are at risk for committing acts of violence. Specifically, we were targeting both bullying in schools and more serious matters such as school shootings.

MRI coronal view of the amygdala.
Taken from the Wikimedia Commons.

First, we examined the technology. (This part was really fun!) Recent neuroscience studies have examined the fMRI results of those who have committed various violent crimes (assault, homicide, etc.) and have been identified with various disorders (conduct disorder, antisocial personality disorder, etc.). Generally, results show the subjects to have decreased activity in certain regions of the brain as compared with the average person. These regions include the amygdala, prefrontal cortex, and the anterior cingulate cortex (ACC), all of which are part of the limbic system, or the “emotional brain.” (Sterzer, 2009). These brain abnormalities may be why some children, adolescents, and even adults do not empathize with others or even derive pleasure for putting others in pain.

Sagittal MRI slice with highlighting indicating location of the anterior cingulate cortex.

So clearly there’s an inherent difference between the brains of violent and nonviolent individuals; shouldn’t we scan everyone for these defects and have them treated? Well not so fast. There is vast range of what “normal” is for a human brain. Scans have also found those with abnormal brain structure and no tendencies toward violence whatsoever. On the flip side of things, there are many violent criminals who lack these abnormal brain structures. If a scanning requirement were put in place for schools, false positives would create unnecessary stigma and hassle, and false negatives would allow students at risk for committing violence to slip through the system.

On a related note, we need to consider that correlation does not equal causation. Just because a student may have a certain brain structure associated with violent tendencies, does not guarantee they will commit a violent act in the future. The brain is incredibly plastic, meaning it can change over time in response to experiences. An abnormal brain structure seen in a violent offender could be a result of actually committing the crime, or even a result of a negative childhood environment (Tsouderos, 2010).

Beyond reading through the studies published on neuroimaging, we also had to look whether implementation of scanning in schools is financially, ethically, and legally sound. Have any of you ever had a PET, CAT, or MRI scan? Those things are expensive, especially if you don’t have health insurance. And in the case of a state program, that cost is placed on the tax payer. How accurate and effective do these scans have to justify paying thousands of dollars per scan? Once we have identified students as having an increased risk for violence, won’t we need the resources to treat them? And how do we manage the information taken from scans? Which school personnel, medical professionals, and authorities will have access to this information? Is it right to force a student to undergo a scan?

In trying to find a solution, we ran into all of these questions and more. Ultimately, we decided against recommending using expensive neuroimaging technology (which, as cool as neuroscience is, it is still in its infancy) to combat violence in schools, instead looking at alternatives such as providing more resources for school programs to identify and treat mental disorders and promote mental health.

However, whatever decisions we reached concerning this problem or the other topics in the class (ranging from genetic modification of humans to what type of medical information can be admitted into court), the important part of this experience was the discussion along the way. Thinking about these types of complex issues has really helped expand my thinking and round out my education. In fact, I was so consumed by our ethical debates that I’m seriously considering taking a proper introductory ethics or philosophy class. And to all you students out there, I recommend you do this as well! Or if not ethics, just something outside of your major and outside of your comfort zone; you never know when you’ll discover a new academic love!

Sterzer, P., & Stadler, C. (2009) . Neuroimaging of aggressive and violent behaviour in children and adolescents. Frontiers in Behavioral Neuroscience, 3. Retrieved from http://www.ncbi.nlm.nih.gov/pmc/articles/pmc2766784/
Tsouderos, T. (2010, Feb 15) . Exploring links between genes, violence, environment. Chicago Tribune. Retrieved from http://articles.chicagotribune.com/2010-02-25/news/ct-met-genetics-of-violence-20100225_1_genes-scientists-violence
2. Taken from the Wikimedia Commons. Retrieved from http://upload.wikimedia.org/wikipedia/commons/1/10/MRI_anterior_cingulate.png

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  Timothy Durham was convicted of rape when a test showed his DNA genotype matched the DNA recovered from the crime scene. Eye witnesses testified that Durham was in a different state at the time of the incident, but he wasn’t exonerated from his 3000 year sentence until follow up DNA analysis showed that the preliminary forensic analysis used in the trial was misinterpreted (Thomas et al.). DNA testing serves an invaluable part in our criminal justice system, but it comes with complications and bias that can lead to wrongful convictions and misinformed juries.  

Background:

Forensic genetics aims to identify the origin of a biological sample. It can be traced back to Karl Landsteiner who discovered human ABO blood groups. With blood groups, suspects could be eliminated based on their blood type. For example, if a suspect had type A blood and there was type B blood left at the scene by the perpetrator, the investigators could rule out the suspect. Unfortunately, the reverse didn’t work. If the suspect and perpetrator both had the same blood type, it can’t be concluded that the suspect was guilty. Blood identifiers evolved into 8 distinct categories which improved the ability to eliminate suspects, but could only conclude that (if the system matched) it might be the perpetrator or this person might be related to the perpetrator (Jobling and Gill). The field evolved in the 1980s with the discovery of Minisatellites, lines of repetitive DNA that don’t encode proteins. Minisatellite patterns in DNA create what we know today as the DNA fingerprint, and it has a much higher accuracy rate than previous methods (Augustyn et al.). Around the same time, a breakthrough for victims of sexual assault was discovered. In the case of assault, bodily fluids of both the victim and the assaulter can get mixed. A process called differential lysis was created which could selectively increase the concentration of sperm in a fluid sample thereby allowing for accurate DNA testing (Jobling and Gill). Forensics evolved to use single-locus probe testing after several years because of its ease of interpretation. It looked at specific minisatellites that had high variability between subjects. This was the first DNA-based method to be used in a criminal investigation. Two murder homicides from several years apart were connected using DNA evidence. The evidence was then used to exonerate an innocent man, and the guilty party was found when he tried to evade mandatory DNA testing for all men in the small town. His guilt was then reinforced when the DNA profiles matched, and he gave a confession (Jobling and Gill). Finding DNA at a crime scene doesn’t guarantee that you’ll find a murderer. There are issues with non-pure samples and limited samples that make DNA work difficult, and accreditation of facilities and new techniques and take time (Jobling and Gill).  

Subjectivity of DNA Interpretation:

In a 2009 publication, the National Academy of Science discusses the possibility for subjective influence in lab based forensics. The interpretation bias happens in complex cases where, for example, there could be a mixture of DNA. A study published in 2011 looked specifically at this issue. A gang rape happened in Georgia, and the mixture in DNA from the case was used to prosecute one suspect after another suspect took a plea bargain to testify against him. With DNA mixtures, there are three possible conclusions: suspect excluded, suspect cannot be excluded, and inconclusive. If the suspect is excluded, it means that there’s little to no possibility that his DNA is part of the sample. If the suspect cannot be excluded, it means that there’s a possibility that his DNA is part of the sample. In the trial, the DNA examiners who knew the context of the case concluded that the suspect being prosecuted could not be excluded. The 2011 study gave the DNA evidence from this case and the DNA profiles of the suspects to 17 forensic examiners. These examiners had no context of the case, and they all worked independently. Of the 17, only 1 came to the same conclusion (suspect cannot be excluded) as the examiners who knew the context of the case. Twelve of the 17 concluded that the suspect who was prosecuted and convicted had no relation to the DNA found in the sample. Not only does this show that subjectivity occurs due to the context of the case, but the 17 examiners came up with different findings based on their past experiences meaning that not all DNA analysis is objective. Some organizations like the Scientific Working Group on DNA Analysis Methods say that quantitative statistical evidence should be presented with every categorical conclusion, but the US doesn’t require this (Dror and Hampikian).

False Positives:

There are two categories that cause wrongful identification in a DNA report: coincidental matches and false positives. Coincidental matches are DNA matches between two unrelated people. The probability of these matches is about 1 to 500,000 for white individuals and about 1 to 350,000 for black individuals. This small probability of coincidental matches makes people feel confident in DNA evidence. False positives, on the other hand, are matches between DNA and test DNA that result from issues in the forensics lab. There have been multiple cases of forensics labs accidentally switching victim and suspected rapist DNA which lead to convictions that were later overturned when the lab realized the error. There are also cases of misreading or misunderstanding a sample. In a case from 1993, a man was convicted of rape because someone interpreted a mixed sample of victim and perpetrator DNA as an individual sample. The conviction was again overturned. To prevent false convictions, retesting DNA is allowed, but it’s not an efficient solution. Many people are pushing for statistical information on the probability of false positives, so that the jurors can make accurate judgements based on DNA evidence (Thomas et al.).  

Conclusion:

DNA analysis is a useful tool for the criminal justice system, but subjectivity can be an issue in forensic testing. To combat wrongful convictions, there are organizations like The Innocence Project who use DNA testing to free the innocent, but reformed forensic testing standards should be put in place to prevent subjectivity and to ensure juries are correctly informed during trials. https://www.innocenceproject.org/    

Citation:

Augustyn , Adam, et al. “DNA Finerprinting.” Encyclopedia Britannica , 26 Apr. 2018, www.britannica.com/science/DNA-fingerprinting#ref153186. Dror, Itiel E., and Greg Hampikian. “Subjectivity and Bias in Forensic DNA Mixture Interpretation.” Science & Justice, vol. 51, no. 4, 2011, pp. 204–208., doi:10.1016/j.scijus.2011.08.004. Jobling, Mark A., and Peter Gill. “Encoded Evidence: DNA in Forensic Analysis.” Nature Reviews: Genetics, vol. 5, no. 10, Oct. 2004, pp. 739–751., doi:10.1038/nrg1455. Thompson, William C, et al. “How the Probability of a False Positive Affects the Value of DNA Evidence.” Journal of Forensic Sciences, vol. 48, no. 1, Jan. 2003, pp. 1–8., doi:10.1520/jfs2001171.