Neuropsychology and Law 1 Flashcards
Is there a link between biological factors and criminality?
Differences in brain structures concerning the prefrontal cortex and a reduced grey matter.
Monoamine Oxidase A gene
Breaks down serotonin. If this malfunctions: high serotonin leads to antisocial behaviour, low serotonin leads to aggressiveness.
Amygdala
Brain region implemented in emotional processes such as recognition of facial and auditory expressions. Especially for negative emotions, e.g. fear.
Hyperactive Amygdala
Short tempered reactions to impulses.
Hypoactive Amygdala
Colder behaviours and psychopathy –> the heart rate doesn’t rise, showing a lack of empathy.
Hypothalamus-Pituitary-Adrenal (HPA) Axis
Disruptions in this Axis lead the body’s stress response system to produce excessive amounts of cortisol which is associated with antisocial behaviour.
Lead Levels
Lead: neurotoxic heavy metal which, if ingested, can cause long-lasting effects on cognitive development and behaviour.
Serotonin
Neurotransmitter modulating impulse control. Low levels can lead to: impulsivity, increased aggression and reactive aggression.
Additionally, it usually has an inhibitory effect on the amygdala helping the regulation of negative emotions such as stress and fear. Consequences arise if this connection is disrupted.
Fear Conditioning
The association of a neutral cue (e.g. a sound) to an aversive stimulus (e.g. shock).
The body reacts through the automatic nervous system.
Disruptions lead to the inability to effectively learn from negative consequences.
Legal context
- Punishment: predicated on blameworthiness (accountability).
- Prediction: genetic and biological information could be made to identify and prevent criminal behaviour.
- Intervention and prevention: through psychopharmacology, public health and brain manipulation.
Psychopharmacology
Nowadays a wide range of medications effective in reducing aggressive behaviour are available.
Public health
Application of neurobiological research on violence during childhood/adolescence may help to prevent adult violence.
Brain manipulation
Transactional direct-current stimulation has been proven to regulate the right lateral prefrontal cortex, increasing compliance with social norma.
TBS Order in NL
Entails detention in a secure forensic psychiatric facility.
It can be imposed by a Court upon mentally disordered adult offenders who are considered not responsible or of diminished responsibility for their offence(s), and who are perceived as a severe danger to others/society.
Searching criminal cases
Neuroscience: through brain imaging techniques (e.g. MRIs, PETs), neuro-endocrinological assessment, neuropsychological assessment –> MOST COMMON.
Behavioural genetic information: analysis of genetic predisposition/family history –> SECOND COMMON.
Neuroscientific information
Most often used to assess whether the defendant can be considered of diminished accountability for the offence, or to what extent the individual is a risk to society.
Competency to stand trial
Neuro scientific information can also play a role in determining whether the defendant is competent to stand trial. E.g. defendant whose impairments in orientation, attention, language and speech, executive control, etc. Such issues were perceived as able to interfere with the ability to understand the prosecution which was therefore suspended.
Intent or guilt
Whether the defendant was aware of committing the act in question.
Culpa in cause principle: if loss of or reduced consciousness, the question is whether the defendant could have known that such a risk existed (of having a ‘black out’).
Accountability
Neurobiological examination is used to assess cognitive impairments and impulsivity, for example. Under certain circumstances, neurobiological disorders function as mitigating factors rather than demonstrations of a lack of guilt.
Risk of recidivism
Neurobiological information can become an aggravating factor sentence wise if the Court and the experts feel like there is a high risk of recidivism due to the circumstances/the type of disturbance.
Addiction
Disease Model of Addiction: chronic drug usage induces changes in brain functions impairing the person’s ability to control drug use and its behaviours. Controversial in light of the Culpa In Cause principles as some experts argue that addiction is a proper disease and should be treated as such.
Duress or excessive self-defence
Many defence attorneys try to argue for a mitigating factor being particular vulnerability due to memory problems, low frustration tolerance and poor emotions control. Although, in most cases these arguments are not successful due to the overall circumstance of the cases, e.g. what happens after a fight, even if the former is triggered by the victim.
