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Summary Task 1 - Back to Lombroso?
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Summary of Task 1 of Neuropsychology & Law
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TASK 1: BACK TO LOMBROSO?NEUROSCIENTIFIC & BEHAVIOURAL GENETIC INFORMATION IN CRIMINAL CASES IN THE
NETHERLANDS (KOGEL & WESTGEEST)
TBS order – imposed if person is considered not (completely) responsible for their
offense + perceived as a severe danger to others / society
Neuropsychological methods in criminal cases
Emphasis often on imaging techniques
o MRI scans – in cases where pre-frontal damage is suspected
Need of practice oriented instruments & guidelines
HOW WERE THE CASES FOUND? & THEIR CHARACTERISTICS
Rechtspraak.nl cases selected with neuroscientific / genetic info with respect to
suspect / defendant
Neuroscientific information
Imaging techniques (MRI, TMS, lesion studies) or EEG
Neuro-endocrinological assessment
Neuropsychological assessment
Referring to a certain neurobiological predisposition / damage of the brain
Characteristics: mainly introduced in cases with serious violent / sexual offense
o Info provided as part of a larger picture about the defendant
Behavioural genetic information
Heritability assessment
Referring to a genetic predisposition / family history that indicates a biological
origin of a behaviour
Information about suspects were scored by 2 independent investigators
Different methods used to gain insight into defendant & its mental state: (1)
psychiatric interviews, (2) psychological & neuropsychological tests, (3) collateral
reports, (4) neurological investigation
JUDICIAL QUESTIONS & CASE EXAMPLES
EVIDENCE OF COMMITTING THE CRIME: RELIABILITY OF STATEMENTS
Often argument is “just mentioned” by defendant, but no further evidence to
collaborate it is introduced
EXAMPLE: woman accused of attempted manslaughter of her partner
Defendant argument: she was confused during interrogation, due to mild
concussion false statement
Court’s decision: this statement not relevant for making judgement about guilt
, Effect of brain damage on the reliability of statements
EXAMPLE: woman (30s) falls down stairs after quarrel with her boyfriend
Retrograde amnesia = can’t remember events shortly before fall
3 years after fall: remembers that boyfriend pushed her down the stairs
Expert 1: this is plausible
Expert 2: minutes before the fall never come back into memory – confirmed by a
neuropsychologist
Role of neuropsychology in law
Deficits in executive functions
o In populations with severe antisocial behaviour
o Important for self-regulation, the ability to direct one’s behaviour & thinking
o Associated with less optimal development of / damage to pre-frontal brain
Range of tests used for assessment of brain functioning
o Several norm groups to compare individual scores with on individual level
this may be better than brain imaging
COMPETENCY TO STAND TRIAL
Neuroscientific information can support & further strengthen evidence about
impairments
EXAMPLE: defendant had neurocognitive problems due to previous cerebral
haemorrhage & infarction
Impairments in orientation, attention, language & speech, memory, executive
control functions, visual perception interfere with defendant’s ability to
understand prosecution against him
INTENT OR GUILT
Neuroscientific evidence introduced to figure out whether defendant was aware of
committing the crime
EXAMPLE: woman allegedly shot someone at 2:30am
Cannot remember anything after going to sleep at 2am – acted while sleepwalking
Psycho-physiological sleep assessment confirms what woman was saying
Violence during sleep
Researchers have worked on a protocol to offer guidelines to experts in court
Guidelines (1) indicate ways to diagnose different sleep disorders, (2) offer ways to
recognise whether behaviour matches a sleep disorder or not, (3) helps to
differentiate truth from simulation
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