Justice Is Mind: Technology and a Troubling Trend

Which is most important: public safety or protection of privacy?

This is one of the most significant and controversial question of our time. In the past decade, incredible advancements in science and technology have revolutionized all aspects of society. This influence can especially be seen in our criminal justice system; new technologies have improved our ability to capture and convict criminals, thereby strengthening our system of justice.

Although these advancements may increase the accuracy and validity of the criminal procedure, they come with a cost: protection of privacy.

In a recent case, the United States Supreme Court determined that criminal suspects could be subject to a police DNA test after arrest – before trial and conviction. This decision has sparked debates about privacy vs. public safety around the country, with the primary concern being a continued trend in compromised rights. Justice Antonin Scalia stated, “the court’s opinion barely mentions the crucial fact about this case: the search here was entirely suspicion less. The police had no reason to believe the suspect’s DNA would link him to any crime”.

This case provided a preview of the controversial debates we can expect to see in our future. The scientific and technological sectors are rapidly evolving, and their advances will have wide-reaching implications for the criminal procedure and suspect rights.

An independent feature film, “Justice is Mind”, provides an interesting preview; currently in post-production and set to release this Fall, the film examines the public policy issues that develop when new technology expands the power of government, at the expense of personal rights. “Justice Is Mind” takes place in 2026, when MRI technology can “read your mind”, giving the government access to your memories, which can then be used against you.

The movie addresses critical ethical questions, and issues of criminal justice, government power, and individual rights. Although 2026 is 13 years away, many of these same principles may be applied to society today. Arnold Peter, a Beverly Hills Entertainment Lawyer and one of the film’s producers, found the recent Supreme Court decision to be significant. “The potential implications of the recent Supreme Court’s decisions are frightening,” says Peter. “It’s not much of a stretch to forcibly tap into a suspect’s mind as part of the police investigative process.”

Writer/director Mark Lund agreed, stating “This decision by the Supreme Court sets the legal foundation to the story in Justice Is Mind. Today, it’s the taking of your DNA, tomorrow it’s your memory. As a filmmaker it’s exciting to be on the cutting edge of this social discussion, but as a citizen the implications are frightening…it begs the question, what constitutes personal privacy?”