S CIE NCE $26.99 US / $30.00 CAN Satel & Lilienfeld Advance Praise for ALLISON W BR AINWASHED “In this smart, provocative and very accessible book, Satel and Lilienfeld are not out to bury neuroscience; they © Peter Holden School of Medicine, and a practicing psychiatrist The author of PC, M.D., she holds an MD from Brown University Satel lives Sally Satel and Scott Lilienfeld are not dualists, romantics, mystics, or luddites Their case for understanding the mind at multiple levels of analysis will resonate with thoughtful psychologists and biologists, and they make that case lucidly, expertly, and entertainingly Anyone who is interested in the brain—and who isn’t?—will be —S T E V EN PINK ER, Harvard College Professor of Psychology and author of The Stuff of Thought “Brainwashed challenges the much-hyped claim that neuroscience will transform everything from marketing to the legal system to our ideas of blameworthiness and free will Satel and Lilienfeld bring much-needed skeptical intelligence © Emory University Photography to this field, giving neuroscience its due while recognizing its limitations This is an invaluable contribution to one of Scott O Lilienfeld is a clinical psychologist and our most contested debates about the ability of science to transform society.” —JEFFRE Y ROSEN, Professor of Law, George Washington University and Legal Affairs Editor, The New Republic “Science develops new tools that have promise for illuminating age-old questions, and those new tools are then misused or oversold until expectations are finally reconciled with reality Sally Satel and Scott Lilienfeld tell the story of neuroscience’s real and illusory contribution to goals that range from treating addiction and detecting workings of the human brain, the increasingly fashionable idea that they are the most important means of answering the enduring mysteries of psychology is misguided—and potentially dangerous In Brainwashed, psychiatrist and AEI scholar Sally Satel and psychologist Scott O Lilienfeld reveal how many of the real-world to blend the authors’ mastery of their subject with compulsive readability.” —CH A R L E S M U R R AY, author of Coming Apart $26.99 US / $30.00 CAN Jacket design by Nicole Caputo and Chelsea Hunter ISBN 978-0-465-01877-2 Jacket image: Neural network, computer generated © PASIEKA / Science 52699 intricacies, at times obscuring—rather than clarifying—the myriad BR A IN WA S HED The Seductive Appeal of Mindless Neuroscience and Lilienfeld show, are useful but often ambiguous representations AC CH NC CG LH in a host of experiences and interacts with other regions, so seeing one area light up on an fMRI in response to a stimulus doesn’t automatically indicate a particular sensation or capture the higher cognitive functions that come from those interactions The narrow focus on the brain’s physical processes also assumes that our subjective experiences can be explained away by biology alone As Satel and Lilienfeld explain, this “neurocentric” view of the mind risks undermining our most deeply held ideas about selfhood, free S all y S a t el and S co t t O L ilien f eld SW TB of a highly complex system Each region of the brain participates will, and personal responsibility, putting us at risk of making harmful mistakes, whether in the courtroom, interrogation room, or addiction treatment clinic A provocative account of our obsession with neuroscience, Brainwashed brilliantly illuminates what contemporary neuroscience a much-needed reminder about the many factors that make us 780465 018772 3/14 AUTHOR factors that shape our behavior and identities Brain scans, Satel and brain imaging can and cannot tell us about ourselves, providing A Member of the Perseus Books Group www.basicbooks.com PDF CG applications of human neuroscience gloss over its limitations and lies to mapping the neural underpinnings of morality It is a daunting topic, but Brainwashed somehow manages professor of psychology at Emory University He lives in Atlanta, Georgia Photo Library / Corbis neurotechnologies have provided groundbreaking insights into the at Yale and author of How Pleasure Works enlightened by this lively yet judicious critique.” in Washington, DC musical aptitude to romantic love Although brain scans and other important scientific developments of our time.” —PAUL BLOOM, Professor of Psychology and Cognitive Science B R A IN WA S HE D Institute for Public Policy Research, a lecturer at Yale University determine guilt in court cases, and make sense of everything from Brainwashed is essential reading for anyone who wants to understand the use and abuse of one of the most “Neuroscience is an exhilarating frontier of knowledge, but many of its champions have gotten carried away 2/7 fMRI—functional magnetic resonance imaging— was introduced in the early 1990s, brain scans have PE PDF KM been used to help politicians understand and manipulate voters, are here to save it—to rescue it from those who have wildly exaggerated its practical and theoretical benefits Sally Satel is a resident scholar at the American Enterprise hat can’t neuroscience tell us about ourselves? Since who we are TJK DL CB 6.25˝ x 9.5˝ S: 7/8˝ B: 5/8˝ Basic HC 4/C Finish: Gritty More Advance Praise for Brainwashed “An authoritative, fascinating argument for the centrality of mind in what, doubtless prematurely, has been called the era of the brain.” —Peter D Kramer, author of Listening to Prozac “Brainwashed provides an engaging and wonderfully lucid tour of the many areas in which the progress and applications of neuroscience are currently being overstated and oversold Some of the hyping of neuroscience appears fairly harmless, but more than a little of it carries potential for real damage—especially when it promotes erroneous ideas about addiction and criminal behavior The book combines clearheaded analysis with telling examples and anecdotes, making it a pleasure to read.” —Hal Pashler, Distinguished Professor of Psychology and Cognitive Science, University of California, San Diego “Satel and Lilienfeld have produced a remarkably clear and important discussion of what today’s brain science can and cannot deliver for society As a neuroscientist, I confess that I also enjoyed their persuasive skewering of hucksters whose misuse of technology in the courtroom and elsewhere is potentially damaging not only to justice but also to the public understanding of science.” —Dr Steven E Hyman, Director of the Stanley Center for Psychiatric Research at the Broad Institute of MIT and Harvard and Former Director of the National Institute of Mental Health “There is a widespread belief that brain science is the key to understanding humanity and that imaging will X-ray our minds, revealing why we buy things and whether we are telling the truth and answering questions about addiction, criminal responsibility, and free will.  Brainwashed is a beautifully written, lucid dissection of these exaggerated claims, informed by a profound knowledge of current neuroscience. It is essential reading for anyone who wants a balanced assessment of what neuroscience can and cannot tell us about ourselves.” —Raymond Tallis, author of Aping Mankind: Neuromania, Darwinitis and the Misrepresentation of Humanity BRAINWASHED BRAINWASHED The Seductive Appeal of Mindless Neuroscience Sally Satel and Scott O Lilienfeld A Member of the Perseus Books Group New York Copyright © 2013 by Sally Satel and Scott O Lilienfeld Published by Basic Books, A Member of the Perseus Books Group All rights reserved Printed in the United States of America No part of this book may be reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles and reviews For information, address Basic Books, 250 West 57th Street, New York, NY 10107 Books published by Basic Books are available at special discounts for bulk purchases in the United States by corporations, institutions, and other organizations For more information, please contact the Special Markets Department at the Perseus Books Group, 2300 Chestnut Street, Suite 200, Philadelphia, PA 19103, or call (800) 810-4145, ext 5000, or e-mail special.markets@perseusbooks.com A CIP catalog record for this book is available from the Library of Congress ISBN: 978-0-465-01877-2 (hardcover) ISBN: 978-0-465-03786-5 (e-book) 10 This book is dedicated to the memory of James Q Wilson—scholar, gentleman, naturalist CONTENTS Introduction: Losing Our Minds in the Age of Brain Science ix Chapter One This Is Your Brain on Ahmadinejad: Or What Is Brain Imaging? Chapter Two The Buyologist Is In: The Rise of Neuromarketing Chapter Three Addiction and the Brain-Disease Fallacy 25 49 Chapter Four The Telltale Brain: Neuroscience and Deception 73 Chapter Five My Amygdala Made Me Do It: The Trials of Neurolaw Chapter Six The Future of Blame: Neuroscience and Moral Responsibility 125 Epilogue Mind over Gray Matter Acknowledgments Notes 157 Index 219 vii 149 155 97 216 Notes to Chapter parties read more into the meaning of punishment for the victim than for the offender but does not know why See Bilz, “Effect of Crime and Punishment on Social Standing,” 42, fig 43 Melvin J Lerner, The Belief in a Just World: A Fundamental Delusion (New York: Plenum Press, 1980) 44 Melvin J Lerner and Dale T Miller, “Just World Research and the Attribution Process: Looking Back and Ahead,” Psychological Bulletin 85, no (1978): 1030–1051, 1032; see 1050–1051 for more studies confirming this observation/interpretation See also A Lincoln and George Levinger, “Observers’ Evaluations of the Victim and the Attacker in an Aggressive Incident,” Journal of Personality and Social Psychology 22, no (1972): 202–210 In this study, researchers presented subjects with the report of an innocent victim of a policeman’s attack Subjects’ ratings of the victim were more negative when they (the subjects) could not lodge the complaint against the policeman than when they could In a study by Robert M McFatter, “Sentencing Strategies and Justice: Effects of Punishment Philosophy on Sentencing Decisions,” Journal of Personality and Social Psychology 36, no 12 (1978): 1490–1500, subjects who imposed the least severe penalties on the offender blamed the victim of the crime more than did those who punished the offender more harshly 45 Tom R Tyler, Why People Obey the Law (Princeton, NJ: Princeton University Press, 2006), 19–69 Cathleen Decker, “Faith in Justice System Drops,” Los Angeles Times, October 8, 1995, S2; see also Cathleen Decker and Sheryl Stolberg, “Half of Americans Disagree with Verdict,” Los Angeles Times, October 4, 1995, A1 (reporting a similar lack of confidence in the criminal justice system in a national poll not limited to Los Angeles residents); and Alexander Peters, “Poll Shows Courts Rate Low in Public Opinion,” Recorder, December 11, 1992, Lawful behavior is sustained more powerfully by fear of social disapproval than by threat of formal legal sanction, according to Harold G Grasmick and Robert Bursick, “Conscience, Significant Others, and Rational Choice: Extending the Deterrence Model,” Law and Society Review 24 (1990): 837–861, esp 854 When people deem legal authority legitimate, they feel that they ought to defer to official decisions and rules, following them out of civic obligation rather than out of fear of punishment or anticipation of reward, according to Tom Tyler, “Psychological Perspectives on Legitimacy and Legitimation,” Annual Review of Psychology 57 (2006): 375–400 On witness behavior, see Kevin M Carlsmith and John M Darley, “Psychological Aspects of Retributivist Justice,” Advances in Experimental Social Psychology 40 (2008): 193–263 Legal scholar Janice Nadler examined subjects’ reactions to the true case of eighteen-year-old David Cash In 1997, Cash and a friend visited a Nevada casino, where Cash watched his friend restrain and fondle a seven-year-old girl in the casino bathroom and walked out shortly before the friend raped and murdered the girl When the friend met up with Cash later, he told him what he had done The young men spent the next two days gambling Nadler gave subjects two scenarios In the “just outcome,” Cash is prosecuted for being an accessory to murder after the fact and spends a year in prison In the “unjust outcome” (which happened to be the true disposition of the case), Cash goes free Subjects in the “just-outcome” group were more likely to comply with a judge’s instructions in a subsequent case of theft, while participants primed with the unjust outcome (Cash goes free) exhibited a greater rate of noncompliance Janice Nadler, “Flouting the Law,” Texas Law Review 83 (2005): 1339–1441, 1423–1424 (description of the experiment) On jury nullification, see James M Keneally, “Jury Nullification, Race, and The Wire,” New York Law School Law Review 55 (2010–2011): 941–960, http://www.nyls.edu/user_files/1/3 /4/17/49/1156/Law%20Review%2055.4_01Keneally.pdf 46 See generally Susan Herman, Parallel Justice for Victims of Crime (self-published, 2010), http://www.paralleljustice.org/thebook/ Herman notes that when victims’ intuitions of justice are satisfied, their belief in a just world is supported See also Lawrence W Sherman and Heather Strang, “Repair or Revenge: Victims and Restorative Justice,” Utah Law Review 15, no (2003): 1–42; and Melvin J Lerner and Leo Montada, eds., Responses to Victimizations and Belief in a Just World (New York: Plenum Press, 1998) Lerner and Montada’s review of research speaks to the value that a belief in a just world can have for victims, supporting the idea that victims need legal Notes to Chapter 217 acknowledgment that the crimes against them were wrong and morally offensive As they explain in their preface, “A rather new line of research describes the functions of BJW [belief in a just world] in victims’ coping with their own hardships and problems Several contributors report evidence that BJW helps to protect people against a stressful negative view of their situation, especially their fears of being unjustly victimized In this manner, BJW seems to function as a resource for victims, too” (viii) Note that although there is extensive argumentation in the international legal community for postwar tribunals and truth and reconciliation commissions (TRCs), there is exceedingly little quantitative data regarding their efficacy in a cathartic sense for victims See generally Michal BenJosef Hirsch, Megan MacKenzie, and Mohamed Sesay, “Measuring the Impacts of Truth and Reconciliation Commissions: Placing the Global ‘Success’ of TRCs in Local Perspective,” Cooperation and Conflict 47, no (2012): 386–403; and Neil J Kritz, “Coming to Terms with Atrocities: A Review of Accountability Mechanisms for Mass Violations of Human Rights,” Law and Contemporary Problems 59, no (1996): 127–128 Kritz notes that truth commissions add “a meaningful acknowledgment of past abuses by an official body perceived domestically and internationally as legitimate and impartial Such an entity cannot substitute for prosecutions—and rarely affords those implicated in their inquiry the due process protections to which they are entitled in a judicial proceeding—but it can serve many of the same purposes, to the extent that it (1) provides the mandate and authority for an official investigation of past abuses; (2) permits a cathartic public airing of the evil and pain that has been inflicted, resulting in an official record of the truth; (3) provides a forum for victims and their relatives to tell their story, have it made part of the official record, and thereby provide a degree of societal acknowledgment of their loss; and (4) in some cases, establishes a formal basis for subsequent compensation of victims and/or punishment of perpetrators.” In discussing the International Criminal Tribunal for the Former Yugoslavia (ICTY), Payam Akhavan writes, “Truth telling will also enable victims to hear and see their stories told—either their own personal stories or stories like theirs—in an officially sanctioned forum before the international community Ambassador Albright explained before the Security Council that ‘among the millions’ who will learn of the ICTY’s establishment ‘are the hundreds of thousands of civilians who are the victims of horrific war crimes against humanity in the former Yugoslavia To these victims we declare by this action that your agony, your sacrifice, and your hope for justice have not been forgotten.’ In this connection, it is important to emphasize that recollection and recognition of the past is a highly valuable commodity for victims that is often underestimated by external observers.” Payam Akhavan, “Justice in the Hague, Peace in the Former Yugoslavia? A Commentary on the United Nations War Crimes Tribunal,” Human Rights Quarterly 20, no (1998): 766–767 47 Roskies, “Neuroscientific Challenges to Free Will and Responsibility,” elaborates the arguments for uncoupling free will from legal and moral ideas of responsibility See also Dennett, Elbow Room Morse’s comment is from Stephen J Morse, “The Non-problem of Free Will in Forensic Psychiatry and Psychology,” Behavioral Sciences and the Law 25 (2007): 203–220 48 Closing argument, The State of Illinois v Nathan Leopold and Richard Loeb, delivered by Clarence Darrow, Chicago, Illinois, August 22, 1924, at http://law2.umkc.edu/faculty/projects/ftri als/leoploeb/darrowclosing.html 49 In his closing argument, Darrow said, referring to Loeb, “I have never in my life been so interested in fixing blame as I have been in relieving people from blame It would be the height of cruelty [to] visit the [death] penalty upon this poor boy.” Ibid “The law deals firmly but mercifully with individuals whose behavior is obviously the product of forces beyond their control,” Greene and Cohen say, referring to severely mentally ill offenders “Someday the law may treat all convicted criminals this way That is, humanely.” Greene and Cohen, “For the Law, Neuroscience Changes Everything and Nothing,” 1783 Sam Harris writes, “This shift in understanding [the causes of human behavior] represents progress toward a deeper, more consistent, and more compassionate review of our common humanity” (Free Will, 55) Luis E Chiesa, “Punishing Without Free Will,” Utah Law Review, no (2011): 1403–1460, argues against blame in the name of 218 Notes to Epilogue efficiency and humanity Nick Trakaskis, “Whither Morality in a Hard Determinist World?,” Sorites 14 (2007): 14–40, http://www.sorites.org/Issue_19/trakakis.htm, argues that determinism should reduce rage and vengeance and lead to more altruism and empathy Kelly Burns and Antoine Bechara, “Decision Making and Free Will: A Neuroscience Perspective,” Behavioral Sciences and the Law 25, no (2007): 263–280, write of neuroscience as undermining the legal conception of freedom of the will and thus introducing a more humane and effective criminal justice system 50 Esteemed British philosopher Peter F Strawson asserts that we express attitudes when we hold people accountable; those attitudes embrace a range of attitudes deriving from our participation in personal relationships, e.g., resentment, indignation, hurt feelings, anger, gratitude, reciprocal love, and forgiveness P F Strawson, ed., Freedom and Resentment and Other Essays (New York: Routledge, 2008), 51 Strawson argues that our ordinary practices involve us in the reactive attitudes, attitudes that treat people as participants in a community rather than objects to be studied, attitudes like resentment, indignation, gratitude, reciprocal love, forgiveness, and obligation; these attitudes and practices are so basic and fundamental that no theory of free will could change them, whatever the deep metaphysical truth on these issues (Freedom and Resentment, 1–28) Tamler Sommers, Relative Justice: Cultural Diversity, Free Will, and Moral Responsibility (Princeton, NJ: Princeton University Press, 2012), 173–202 Epilogue Neuroskeptic, “fMRI Reveals True Nature of Hatred,” Neuroskeptic (blog), October 30, 2008, http://neuroskeptic.blogspot.com/2008/10/fmri-reveals-true-nature-of-hatred.html Jeffrey Rosen, “The Brain on the Stand,” New York Times Magazine, March 11, 2007 Apoorva Mandavilli, “Actions Speak Louder Than Images—Scientists Warn Against Using Brain Scans for Legal Decisions,” Nature 444 (2006): 664–665, 665 Writer William Safire is credited with the term, defining it slightly over a decade ago as “the examination of what is right and wrong, good and bad about the treatment of, perfection of, or unwelcome invasion of and worrisome manipulation of the human brain.” William Safire, “Our New Promethean Gift,” remarks at the conference “Neuroethics: Mapping the Field,” San Francisco, CA, May 13, 2002, the Dana Foundation, accessed September 4, 2012, http://www.dana.org /news/cerebrum/detail.aspx?id=2872 Sam Harris, The Moral Landscape: How Science Can Determine Human Values (New York: Free Press, 2010), Tom Wolfe, “Sorry, but Your Soul Just Died,” in Hooking Up (New York: Picador, 2000), 90 David Dobbs, “Naomi Wolf’s ‘Vagina’ and the Perils of Neuro Self-Help, or How Dupe-amine Drove Me into a Dark Dungeon,” Wired Science Blogs, September 10, 2012, http://www.wired.com /wiredscience/2012/09/naom-wolfs-vagina-the-perils-of-neuroself-help/ INDEX abortion, consent for, 119, 206n48 addiction, xix–xxi, 49–71 alcohol, 54–59, 61–62, 180n5 brain disease model of, xxi, 50–51, 55, 56, 58, 152–153 brain imaging and, 53, 57, 62–63, 185n33 cocaine, 53, 54, 60, 62–63, 66 definition of, 90 diagnosis of, 190n52 genetics of, 52, 68 heroin, 49–50, 62, 66 legal aspects of, 61–62, 185n38, 187n42 legislation on, 179n4 methamphetamine, 62, 64–65 among physicians, 63 relapse of, 55–56, 185n33 salience in, 52 stigma of, 57–58, 67–68, 189n50, 209n10 treatment of, 54, 59, 63–71, 187–188nn44–45 advertising, 39–40 legal issues with, 44 physiological responses to, 30–31 subliminal, 40–44 Super Bowl, 37, 39, 174n31, 178n44 See also neuromarketing Advertising Research Foundation, 32, 42, 171n16 agency, responsibility and, xv–xvi, 102–104, 107–111, 120–122, 127–147, 153 Akhavan, Payam, 217n46 Albright, Madeleine, 217n46 alcohol abuse, 54–62, 180n5 treatment of, 58–59, 65–69, 209n10 See also addiction Alzheimer’s disease, xvii, 11, 56, 63 Amen, Daniel, 23–24 American Civil Liberties Union (ACLU), 94, 197n44 American Medical Association, 99, 106 American Society of Addiction Medicine, 50, 184n21 Ames, Aldrich, 80 amygdala, 17, 168n3 functions of, 12–14 marketing research on, 39 violent behavior and, 99–100, 200n15 Andreasen, Nancy C., 23 anterior cingulate cortex, xv, 39, 168n3 anterior temporal cortex, 105 Anthony, Casey, 141–142 Apple Corporation, 28 Ariely, Dan, 173n23 Aristotle, 136 219 220 Index arithmetic task, 15 artificial intelligence, 174n30 Atkins v Virginia, 98, 198n3 attention-deficit disorder (ADD), 23 autism, 180n6, 191n10 Avatar (film), 37 Babor, Thomas, 183n17 Baird, Abigail, 17 Baldwin, Alec, 55 Balster, Robert L., 57 Baraduc, Hippolyte-Ferdinand, Bauer, Raymond A., 42–43 Baumeister, Roy F., 132, 212n27 Bayne, Katie, 168n1 Beecher-Monas, Erica, 207n49 behavioral economics, 32–33, 138, 172n19 behaviorism, xvii, 29, 150 Bell, Vaughn, 159n12 Bennett, Craig, 19–20, 46 BEOS See brain electrical oscillations signature (BEOS) test Berlin, Isaiah, 129–130 Berns, Gregory, 36, 172n18, 173n23 Bharati, Udit, 73–74 bias, 32–33 toward legal prejudice , 113–120 selection bias, 20, 50, 161n2 Biden, Joseph, 179–180n4 Big Bang Theory (TV show), 45 Blitz, Marc J., 44 Bloom, Paul, 9, 139 Boire, Richard Glen, 43–44 BOLD (blood oxygenation level–dependent) response, 5–7, 17, 19, 82 Braille, 12 brain, x, xi, xvi–xviii, 8, 29, 34, 149–152 adolescent development of, 16–17, 98–100, 117–119, 122, 198n7 “decade” of, 22–23 trauma to, 9–10, 167n42, 199n9 tumor in, 4, 9, 11, 110, 180n6 brain electrical oscillations signature (BEOS) test, 73–75, 82, 92, 190nn1–4 brain fingerprinting technique, 81–82, 190n1, 193n19 brain imaging, ix–xiii, xx–xxiv, 1–24, 162n5 addiction and, 53, 57, 62–63, 185n33 future of, 23–24, 45–47, 149–150, 154 inappropriate applications of, xiv–xv, 22, 95–96, 149–151 interpretation of, xvii, 14–22, 109–110, 113–116, 121 as legal evidence, 101, 103–105, 108–116, 121, 202n32 See also specific technologies brainwashing, of POWs, 41 Brammer, Michael, 169n5 Brand, Russell, 184n28 Breyer, Stephen, 205n44 BrightHouse Neurostrategies Group, 31–32, 43, 169n4 Broca’s area, 11–12 Brodie, Jonathan, 201n21 Brown, Donald E., 138 buprenorphine, 188n44 Burgess, Anthony, 214n40 Burkitt, Laurie, 178n44 Burroughs, William S., 54–55 Bush, George H W., 22 Bush, George W., 2, 50, 100 Calfee, John E., 40 Calvert, Gemma, 31 capital punishment See death penalty Carlsmith, Kevin M., 140, 215n40 Casey, John J., 53 Cash, David, 216n45 Cashmore, Anthony R., 122–123 Castel, Alan D., 113–114, 203n36 CAT scan See computerized tomography (CT) Center for Cognitive Liberty and Ethics, 43–44 Cephos Corporation, xxi, 75–76, 86–87, 92, 93, 96, 196n39 Cheever, Susan, 68 Chicago school of sociology, 150 child abuse, 86, 93, 110, 116 Churchland, Patricia, 210n14 “clinician’s illusion,” 56 Clinton, Bill, 23, 50 Clinton, Hillary, xiii, 2, 15 Clockwork Orange (film), 214n40 Coca-Cola, marketing by, 32, 34–35, 37, 41–43, 168n1, 173n21 cocaine, 53, 54, 58, 60, 62–63, 66, 185n33 See also addiction Index cognitive liberty, 76, 94 Cohen, Jonathan, 127–128, 137, 217n49 Cohen, Patricia, 56, 182n16 Coleridge, Samuel Taylor, 59 Collins, Judy, 55 comatose patients, 163n17 Commercial Alert (organization), 43 compatibilism, 131 computerized tomography (CT), 4, 162n5 See also brain imaging Condon, Richard, 41 confabulation, 134–135, 212n23 Copeland, Melvin, 29 Copernicus, Nicolaus, xi counseling, xvii See also psychoanalysis Cousins, Norman, 42 Coyne, Jerry A., 130, 210n13 Crook, Shirley Ann, 97–98, 118 Darley, John M., 140, 215n40, 215n42 Darrow, Clarence, 126–128, 141, 145, 217n49 Darwinism, 153 Daubert v Merrell Dow Pharmaceuticals, 78, 87, 194n28, 202n32 Dawkins, Richard, 128 death penalty, 98–101, 115–116, 122, 198n4, 204n39 See also punishment Decade of the Brain, 22–23 Decina, Emil, 207n51 Delta Airlines, 32 Dennett, Daniel, 210n16 Descartes, René, determinism, xix, 126–127, 129–133, 137, 140, 145, 147 Diamond, Jared, 215n40 Dichter, Ernest, 29, 30, 40, 170n10 Disney Corporation, 26 DNA testing, 95, 100, 191n6 See also genetics Dobbs, David, 153–154 Dole, Vincent, 188n44 Dooley, Roger, 27 dopamine, 52, 53, 65, 67, 188n45 Downey, Robert, Jr., xx drug courts, 185n38, 187n41 See also addiction Dugan, Brian, 103–105, 107–108, 114, 153 Durkheim, Emile, 214n40 221 Eagleman, David, xv–xvi, xxi–xxii, 65, 129 Edwards, John, 13–14 Ehrenberg, Andrew S C., 45–46 elaboration likelihood model (ELM), 177n42 electroencephalography (EEG), 18, 80, 165n29 BEOS test with, 73–75, 82, 92, 190nn1–4 brain fingerprinting and, 80–83, 190n1, 193n19 marketing research with, 31, 37–38 motor function study with, 133–134 Emory University, 43, 172n18 empathy, 38 criminal behavior and, 103–104, 117, 121–122 Employee Polygraph Protection Act, 78 Enzi, Mike, 181n7 Epicureanism, 7–8 Epidemiological Catchment Area Study, 55 epilepsy, 11, 167n42, 180n5, 207n51, 212n23 Erasistratus of Ceos, 76 Ervin, Frank R., 106 experimental design, 16–17, 20–22 eye tracking tests, 31 Facebook Corporation, 26 facial thermal imaging, 94 Faigman, David, 101 Farahany, Nita, 95, 197n46, 202n32, 207n50 Farwell, Lawrence A., 81–83 fear, 12–13, 16–17, 39–40 FedEx Corporation, 39–40 Fifth Amendment, 94–95 films, 37–39, 46, 174n26 Avatar, 37 A Clockwork Orange, 214n40 Harry Potter, 37 Invasion of the Body Snatchers, 41 The Manchurian Candidate, 41 First Amendment rights, 41, 44 Fisher, Carl E., 168n3 FKF Applied Research Company, xii–xiii, 1, 26 fMRI See functional magnetic resonance imaging (fMRI) 222 Index focus groups, 25, 30, 34, 47, 172n18, 178n46 reliability of, 30, 172n18, 177n42 Fourth Amendment, 95 Fowler, Lorenzo, 10–11 framing (cognitive bias), 33, 34 Frankfurt, Harry, 210n16 free will, x, xxii Cashmore on, 122–123 Coyne on, 130 determinism and, 126–127, 129–133 Hume on, 131 Libet on, 134 Freedman, Joshua, 2–3 Freud, Sigmund, xviii, 29, 150, 162n10, 163n10, 169n9 on lying, 76 See also psychoanalysis Friedan, Betty, 170n10 Frito-Lay Corporation, 39, 43 functional magnetic resonance imaging (fMRI), x–xi, xiv, 1–7, 14–22 addiction research with, 53, 62, 185n33 artifacts with, 19–20 for comatose patients, 163n17 cost of, 46 EEG with, 18, 80 future of, 23–24 as legal evidence, 101, 103–105, 121 for lie detection, 75–76, 80, 82–89, 92–94 marketing research with, 31, 35–40 before neurosurgery, 11 selection bias in, 20, 161n2 See also brain imaging Gage, Phineas, 9–10, 163nn13–14 Galen, Galileo, Galilei, xi Gall, Franz Joseph, 10, 105 Ganis, Giorgio, 89–90 Garcia-Rill, Edgar, 207n49 Gazzaniga, Michael, xviii, 210n13, 212n23 General Mills Corporation, 29 genetics, xvi–xvii of addiction, 52, 68 DNA testing and, 95, 100, 191n6 legal issues with, 117, 119, 150, 207n49 GoDaddy.com, 40, 174n31 Goldberg, Jeffrey, 1–3, 13, 14 Goodenough, Oliver, xviii, 209n8 Google Corporation, 26 Graham v Florida, 117–118 Greely, Hank, 194n31 Greene, Joshua, 127–128, 137, 217n49 Guarnera, Daniel, 179n4 guilt, 108, 110, 113, 120–122, 127–147, 156 determinism and, 126, 127, 129–133, 140, 147, 209–210n13, 211nn17,18, 212nn18,26 legal evidence of, 73, 75, 78, 80, 100–103 guilty knowledge test, 80–85, 95 Gurley, Jessica, 116 Haidt, Jonathan, 138, 139 Hamill, Pete, 184n28 Hampton, Jean, 215n42 Hare Psychopathy Checklist, 104 Harris, Sam, xviii, xxi–xxii, 152, 161n25, 217n49 Harry Potter and the Half-Blood Prince (film), 37 Hawaii’s Opportunity Probation with Enforcement (Project HOPE), 64–65, 68, 186n39 Haynes, John-Dylan, 211n19 Heath, Wendy P., 117 Herman, Susan, 216n46 heroin, 49–50, 62, 66, 178n1, 187n44 See also addiction Heyman, Gene M., 54, 182n14 hippocampus, 52 Hippocrates, 7, Holocaust, 215n40 Holton, Richard, 209n11 Home Depot, 32 Huizenga, Joel, 92, 93 Hume, David, 131 hypnosis, 135, 212n23 Iacoboni, Marco, 2, 39 impulse control, 10, 17, 20 in adolescents, 99, 118, 206n47 advertising and, 29 legal responsibility and, 102–104, 107–111, 116–118, 120 Indian Institute of Modern Management, 73 Index inference, reverse, 13, 28, 39 Innerscope Research, 172n18 insanity defense, 102, 106, 109, 111–112, 120, 204n43 Insel, Thomas, 23 insula, 13–14, 20, 28, 36, 173n23, 200n15 Invasion of the Body Snatchers (film), 41 Jaffe, Jerome, 57, 178n1 James, William, 8–9 Jones, Owen, 199n9 Jones, Ward E., 209n8 Joseph, Craig, 138 juvenile delinquency, 118–119, 205n45 Kagan, Jerome, 161n22, 206n47 Kahneman, Daniel, 32–33, 138, 172n18 Karmarkar, Uma, 172n19 Keehner, Madeleine, 113 Kennedy, Anthony, 117–118, 206n46 Kennedy, Edward, 205n44 Kenworthey Bilz, Jennifer, 142, 214n40, 215n42 Kerlikowske, Gil, 180n4 Kiehl, Kent A., 104–105, 201n21 King, Rodney, 144 Kleiman, Mark A R., 209n10 Knapp, Bill, Knapp, Caroline, 59–60 Knutson, Brian, 35–36, 173n23 Korean War, 41 Kosslyn, Stephen, 31, 89–90, 171n15 Kozel, F Andrew, 85–87, 196n39 Kritz, Neil J., 217n46 Kurzweil, Ray, 174n30 Laken, Steven, 93 Lang, Annie, 32 Law and Neuroscience Project, 100 Law and Order (TV series), 111 Lawford, Christopher Kennedy, 55 Lee, Wen Ho, 80 legal issues, xv–xvi, xxi–xxii, 97–120, 150–151 with addiction, 61–62, 185n38 with advertising, 43, 44 with ascertaining guilt, 100–103, 108, 110, 113, 120–122, 127–147, 156, 202n32 223 with death penalty, 98–101, 115–116, 122 with genetic information, 117, 150, 207n49 with lie detection, 76, 78–79, 86–87, 92, 94, 95 with predicting violence, 106–107, 119–120, 207n50 with punishment, 125–147 Leopold, Nathan F., Jr., 125–128, 133, 145 Lerner, Melvin J., 142–143, 216n46 Leshner, Alan I., 50–54, 56, 70, 179n4, 183n17 Lewis, David, 168n3 Lewis, Marc, 184n28 libertarianism, 131 Libet, Benjamin, 133–136 lie detectors, 73–96 admissibility of, 74–75, 78–79, 87–89, 93–95, 192n13, 197n44 BEOS test as, 74–75, 82, 92, 190nn1–4 brain fingerprinting as, 81–83, 190n1, 193n19 development of, 78 EEG as, 80–82 fMRI as, 75–76, 80, 82–89, 91–94 for marketing research, 171n14 privacy rights and, 76, 92, 94, 95 limbic system, 52, 53, 105–106 Linden, David, xx Lindstrom, Martin, 25, 28, 168n1 Loeb, Richard, 125–128, 133, 145, 217n49 Lombroso, Cesare, 106, 200n19 Lucid Systems (marketing firm), 33, 172n18 Mad Men (TV show), 169n9 Madoff, Bernard, 142 magnetic resonance imaging (MRI), 110 precautions with, 162n7 structural, See also functional magnetic resonance imaging (fMRI) Manchurian Candidate (film), 41 Marci, Carl, 172n18 Marcus, David, 116, 204n43 Mark, Vernon H., 106 marketing See neuromarketing Marston, William Moulton, 78 Massachusetts Institute of Technology (MIT), 172n19 224 Index McCabe, David P., 93–94, 113–114, 203n36 McCarthy, Joseph, 41 medial prefrontal cortex, 168n3 Mencken, H L., 129 mens rea, 102, 202n30 See also guilt mental retardation, 98, 198n3 MERMER (memory and encoding related multifaceted electroencephalographic response), 82 Metaphor Elicitation Technique, 171n15 methadone, 66, 187n44 methamphetamines, 62, 64–65, 186n40 See also addiction Miller v Alabama, 118 Mind of the Market Laboratory, 31, 170n13, 171n15 mind-brain problem, xi, xiv, xvi–xviii, 8, 149–154 MindSign (marketing firm), 37 mirror neurons, 38 Montague, Read, 34–35 Montaigne, Michel de, 91–92 Monterosso, John, 116 Moore, Sara, 36 Morse, Stephen, 103, 145, 150 Motorola Corporation, 26 Moulton, Charles, 78 movies See films MRI See magnetic resonance imaging (MRI) Mukundan, Champadi R., 74–75, 190n3 multiple sclerosis, 58, 180n6 Nader, Ralph, 43 Nadler, Janice, 216n45 naltrexone, 66, 188nn44–45 Nathan, Harvey, 92–93 National Comorbidity Survey, 55, 182n14 National Epidemiologic Survey, 55, 182n14 National Institute of Mental Health, 23, 56 National Institute on Drug Abuse (NIDA), 50, 54–57, 63–65 Nazi war criminals, 139 neurocentrism, xix, 28, 58, 60, 151, 161n3 Neuroco (marketing firm), 26, 168n3, 173n25 NeuroFocus (marketing firm), 26, 32, 37, 38 neuroimaging See brain imaging neurolaw, 97, 100–120, 199n9 See also legal issues neuroliteracy, 151–152 neuromarketing, xxi, 25–47 coining of, 168n2 cost of, 37, 46, 173n25, 178n44 future of, 45–47 guidelines for, 46 reliability of, 38–45, 174n31, 177n42 See also advertising neuroredundancy, 22, 28, 120 Neurosense (marketing firm), 31, 33–34 neurosurgery, 134–135 for epilepsy, 212n23 fMRI before, 11 on prisoners, 106–107, 201n20 New York Times, xii, 35, 49 Nicarico, Jeanine, 103, 108 Nixon, Richard M., 49, 93, 196n42 No Lie MRI company, xxi, 75–76, 86, 92, 93, 96, 196n39 nucleus accumbens, 35, 36, 52 Nyswander, Marie, 188n44 Obama, Barack, xiii, 2, 50, 100 Olgivy, David, 171n13 “Operation Golden Flow,” 49, 178n2 orbitofrontal cortex, 34, 36, 52, 110, 168n3, 200n15 Orwell, George, 41, 42 Packard, Vance, 40, 41, 42 paralimbic system, 105 Pardes, Herbert, 23 Parkinson’s disease, 56, 180n6 Pashler, Hal, 19–21 pedophilia, 110, 202n28 Pepsi, 34–35, 173n21 PET See positron emission tomography (PET) Phelps, Elizabeth A., 88 phrenology, 3, 105–106 physiognomy, 76 pineal gland, Plassman, Hilke, 34 Plato, Plourd, Christopher, 112 Poldrack, Russell, 12 polygraphs See lie detectors Poole, Steven, xiv–xv pornography, 110, 207n49 Index positron emission tomography (PET), xix, 4–5 addiction research with, 53, 63 criminal behavior and, 109, 112, 201n25 marketing research with, 31 postpartum psychosis, 111, 112, 120–121 post-traumatic stress disorder (PTSD), 22 Powell, Leroy, 61–63 practice-suppression effect, 18–19 Pradeep, A K., 26 Preble, Edward, 53 prefrontal cortex, xv, 2, 9–10, 89, 168n3, 173n21, 174n28 addiction and, 52, 54, 62, 67 in adolescents, 198n7 advertising and, 35, 36 lie detection and, 91, 195n31 ventromedial, 105, 173n21, 200n15 Prehn, Kristin, 209n8 privacy, right to, 76, 92, 94, 95 Procter and Gamble, 37 Project HOPE, 64–65, 68, 186n39 psychoanalysis, x, xvii, 150, 162n10 criminal behavior and, 106 deception and, 76 marketing research and, 29, 169n9 psychopaths, 103–108, 115, 117, 121–122, 125–128, 182n15 psychosurgery, 106–107, 201n20 PTSD (post-traumatic stress disorder), 22 public opinion research, 30 punishment, 125–147 capital, 98–101, 112, 116, 120, 122, 198n4, 204n39 for rape, 137, 139, 141, 142, 146 retributive, 129, 141, 214n39 social class and, 215n42 See also legal issues pupillometry, 30–31, 38 Raben, Finn, 169n6 Racine, Eric, 21, 159n7 Ramachandran, V S., 209n8 rape, 119–120, 138, 141, 142, 146, 216n45 realism, naïve, xi, 21, 159n7 Recognizing Addiction as a Disease Act (2007), 179n4 225 Resnick, Phillip, 121 reverse inference, 13, 28, 39 Richard, Janet Radcliffe, 131 Richards, Keith, 182n13 Rissman, Jesse, 83–84 Robins, Lee, 49–50, 178nn1,3, 182n16 Robinson, Paul H., 215n40, 215n42 Roentgen, Wilhelm Conrad, 3–4 Romney, Mitt, xiii, 12, 14, 16 Roper v Simmons, 99–101, 117, 205n44 Rorschach inkblot test, 14, 29 Rose, Steven, 161n23 Rosenfeld, J Peter, 74 Safire, William, 218n4 Saks, Michael, 115, 204n39 SalesBrain company, 26–27 Sapolsky, Robert, xxii, 128 Scanlon, Thomas M., 177n41 Schelling, Thomas, 59 schizophrenia, 56–58, 180n6 Schooler, Jonathan W., 211n17 Schuster, C Robert, 56–57, 183n18 self-defense, 102 Semrau, Lorne, 86–87, 93 September 11 attacks, 75, 81 Shariff, Azim, 211n17 Sharma, Aditi, 73–76, 82 Sharpe, Gary L., 207n49 Simmons, Christopher, 97–101, 117, 118, 205n44 single-photon emission computed tomography (SPECT), 23, 162n6 skin conductance response, 31, 38 Skinner, B F., xviii Slaughter, Jimmy Ray, 82 Smidts, Ale, 168n2 Smith, Adam, 213n31 smoking cessation, 59 Snead, O Carter, 205n44 social learning theory, 106, 177n42 sociobiology, 153 Spence, Sean, 77 Stahl, Jerry, 60 Stanford University, 172n19 Stanovich, Keith E., 172n18 Starch, Daniel, 46 steady-state topography, 31 226 Index Steinberg, Laurence, 205n45 stigma, 140 of addiction, 57–58, 67–68, 189n50, 209n10 Strawson, Peter F., 218nn50–51 Strutin, Ken, 112–113 Subliminal Projection Company, 41–42 substance abuse See addiction Super Bowl advertisements, 37, 39, 174n31, 178n44 Sweet, William H., 106 Talbot, Margaret, 91 television, 15, 119 The Big Bang Theory, 45 Law and Order, 111 Mad Men, 169n9 Sex and the City, 36 The Walking Dead, 45 Tetlock, Philip, 139 theology, ix, xiii, 130 topography, steady-state, 31 transcranial magnetic stimulation (TMS), 196n38 truth and reconciliation commissions, 217n46 Tversky, Amos, 32–33 Twain, Mark, 10–11 ventromedial prefrontal cortex (VMPC), 105, 173n21, 200n15 Veritas Scientific, 92, 196n39 Vicary, James, 41–43 victims’ rights movement, 144 video games, 15, 119 Volkow, Nora, 54, 65, 67 voter polling, xii–xiii, 12–16, 22, 30 Vul, Edward, 20–21 Walking Dead, The (TV show), 45 Wanamaker, John, 26 Warhol, Andy, x Watson, John B., 28–29 Wegner, Daniel M., 134–135, 212n23 Weinstein, Herbert, 108–109 Weisberg, Deena, 114 West, Richard F., 172n18 West, Robert, 181n3 Westen Strategies company, 161n27 Wilson, James Q., 214n40 Wilson, Timothy, 135 Winehouse, Amy, 65 Wolfe, Tom, xi, 153 Wonder Woman (cartoon), 78 Wood, Albert J., 170n11 Wright, Robert, 209n8 Wynn, Karen, 139 unified theory, 153 Unilever Corporation, 26 United States v Frye, 78 universal behaviors, 138 X-rays, 3–4, 162n5 See also brain imaging Valium, 66 ventral striatum, 2, 13, 168n3 ventriculography, Zak, Paul, 21 Zaltman, Gerald, 30, 31, 170n13, 171n15 Zeki, Semir, xiii, xviii Yates, Andrea, 111–112, 120–121, 202n30 Yugoslavia, 217n46 ... images of the mind The X-ray, of course, is mute when it comes to the brain, let alone the mind, because the rays cannot pass readily through the skull’s thick walls.4 At the turn of the twentieth... a team of neuroscientists from UCLA sought to solve the riddle of the undecided, or swing, voter They scanned the brains of swing voters as they reacted to photos and video footage of the candidates... down.12 The problem with such mindless neuroscience is not neuroscience itself The field is one of the great intellectual achievements of modern science Its instruments are remarkable The goal of