A superhuman skill once the preserve of comic book heroes could soon become a reality.

Scientists have used a combination of brain scanning and artificial intelligence to read the minds of 'criminals' to determine whether they are guilty of knowingly committing a crime.

This is the first time that neurobiological readings alone have been used to determine guilt, according to the study, and the findings could impact how we judge criminal responsibility in the future.

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Scientists at Virginia Tech used a combination of brain scanning and artificial intelligence to predict whether each of their 40 volunteers was guilty of knowingly carrying drugs across the border during a simulated smuggling operation (stock image)

USING BRAIN SCANS TO PREDICT RE-OFFENDERS A 2013 study found that researchers could predict how likely prisoners were to re-offend through brain scans. A team of neuroscientists at the Mind Research Network in Albuquerque studied a group of 96 male prisoners shortly before they were due to be released. They scanned prisoners brains while they were carrying out computer tasks in which subjects had to make quick decisions and inhibit impulsive reactions. They then followed the subjects for four years. Among the ex-criminals studied, those showing low activity in an area of the brain associated with decision-making and action are more likely to be arrested again. Advertisement

The researchers say that their brain scans are not currently admissible in court.

They caution that the mental state of a defendant should not be reduced to the classification of brain data.

But it is a big step forward for the emerging field of 'neurolaw', which connects neuroscience to legal rules and standards.

Neuroscientists at Virginia Tech set up a simulated drug smuggling operation involving 40 volunteers.

Each 'runner' was given a probability that a suitcase they were asked to carry across the border would contain drugs.

The team scanned the brains of each subject using functional magnetic resonance imaging (fMRI).

They processed the results using AI machine-learning techniques to find patterns in the data.

This allowed the scientists to accurately determine whether the research subjects 'knew' drugs were in the case or whether they were acting recklessly by taking a chance.

The full results of the study have been published in the journal Proceedings of the National Academy of Sciences.

Dr Read Montague, director of the research institute's human neuroimaging laboratory, said: 'People can commit exactly the same crime in all of its elements and circumstances and, depending on their mental states, the difference could be one would go to jail for 14 years and the other would get probation.

'Predicated on which side of the boundary you are on between acting knowingly and recklessly, you can be deprived of your freedom.

'In principle, we are showing these brain states can be detected when the activity is taking place.'

Dr Read Montague (pictured) led the study, which used functional magnetic resonance imaging to look at blood flow in the brain to detect areas of activity. This allowed his team to determine whether volunteers were guilty of 'knowingly' committing a crime

Neuroscientists can now begin to ask further questions about the relationship between the mind and criminal activity.

Research in the future could examine whether a range of factors - like developmental disorders, mental health conditions, brain damage and substance abuse - could impact upon decisions made by defendants in criminal cases.

A 2013 study found that researchers could predict how likely prisoners were to re-offend through brain scans.

A team of neuroscientists at the Mind Research Network in Albuquerque studied a group of 96 male prisoners shortly before they were due to be released.

They scanned prisoners brains while they were carrying out computer tasks in which subjects had to make quick decisions and inhibit impulsive reactions.

They then followed the subjects for four years.

Among the ex-criminals studied, those showing low activity in an area of the brain associated with decision-making and action are more likely to be arrested again.