Neuropsychology and Law 1

Question 1

Is there a link between biological factors and criminality?

Answer 1

Differences in brain structures concerning the prefrontal cortex and a reduced grey matter.

Question 2

Monoamine Oxidase A gene

Answer 2

Breaks down serotonin. If this malfunctions: high serotonin leads to antisocial behaviour, low serotonin leads to aggressiveness.

Question 3

Amygdala

Answer 3

Brain region implemented in emotional processes such as recognition of facial and auditory expressions. Especially for negative emotions, e.g. fear.

Question 4

Hyperactive Amygdala

Answer 4

Short tempered reactions to impulses.

Question 5

Hypoactive Amygdala

Answer 5

Colder behaviours and psychopathy –> the heart rate doesn’t rise, showing a lack of empathy.

Question 6

Hypothalamus-Pituitary-Adrenal (HPA) Axis

Answer 6

Disruptions in this Axis lead the body’s stress response system to produce excessive amounts of cortisol which is associated with antisocial behaviour.

Question 7

Lead Levels

Answer 7

Lead: neurotoxic heavy metal which, if ingested, can cause long-lasting effects on cognitive development and behaviour.

Question 8

Serotonin

Answer 8

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.

Question 9

Fear Conditioning

Answer 9

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.

Question 10

Legal context

Answer 10

1. Punishment: predicated on blameworthiness (accountability).
2. Prediction: genetic and biological information could be made to identify and prevent criminal behaviour.
3. Intervention and prevention: through psychopharmacology, public health and brain manipulation.

Question 11

Psychopharmacology

Answer 11

Nowadays a wide range of medications effective in reducing aggressive behaviour are available.

Question 12

Public health

Answer 12

Application of neurobiological research on violence during childhood/adolescence may help to prevent adult violence.

Question 13

Brain manipulation

Answer 13

Transactional direct-current stimulation has been proven to regulate the right lateral prefrontal cortex, increasing compliance with social norma.

Question 14

TBS Order in NL

Answer 14

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.

Question 15

Searching criminal cases

Answer 15

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.

Question 16

Neuroscientific information

Answer 16

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.

Question 17

Competency to stand trial

Answer 17

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.

Question 18

Intent or guilt

Answer 18

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’).

Question 19

Accountability

Answer 19

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.

Question 20

Risk of recidivism

Answer 20

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.

Question 21

Addiction

Answer 21

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.

Question 22

Duress or excessive self-defence

Answer 22

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.