Problem 1 Flashcards
TBS order
Can be imposed upon mentally disordered adult offenders who are
1. considered not responsible or of diminished responsibility for their offense
2. who are perceived as a severe danger to others or society
–> involves diminished sentence and mandatory hospitalization
What is “Rechtspraak.nl” ?
It refers to a case law database of the netherlands
BUT: only a small proportion of the total number of criminal cases that come before the courts each year are published
ISD-Order
(Measure of Placement in an Institution for Habitual offenders)
Aims to diminish serious crime by persistent, habitual adult offenders due to substance abuse
- can be imposed by the court for a max of 2 years
-
mandatory placement in an institution for habitual offenders
* when possibilities for behavioral change + reduction for criminal recidivism are perceived, a treatment offer is made to the offender
PIJ-Order
(Measure of Placement in an Institution for Juveniles)
Is intended for criminal juveniles (12-18y) with a development disorder or psychological/psychiatric problems
–> aims to reintegrate juveniles into society by resocialization
Neuropsychology may be helpful to law in several ways.
Name 5 of them.
1. Assessing the reliability of statements of witnesses with brain damage
ex. : girl w/ amnesia pushed down stairs
2. Its research has shown a link between deficits in executive functioning and people with antisocial behavior
3. Determining whether the defendant is competent to stand trial
ex.: defendant suffered such severe brain damage that he might not be able to understand the prosecution against him
4. Determining intent or guilt, meaning was the defendant actually aware of his/her actions ?
ex.: sleepwalking woman - automatism
5. Neuroscientific evidence might have a mitigating influence with respect to the defendants accountability
What are executive functions important for?
- Self regulation, ability to control impulses and strong emotions
- The ability to direct ones behavior, being attentive
- Thinking + planning
What are deficits of executive functioning associated with ? Where do they result from?
Damage to the pre-frontal brain
Opponents to the neurobiological assessment (e.g. MRI) by experts argue that they then might be exposed to certain biases.
Name them.
- Pathology bias
- Allegiance bias
- Malingering
What measures are proposed to prevent the biases (when using neurobiological assessments) from happening?
1. Blinding the experts to context variables
–> background of the defendant
2. Symptom validity testing to assess malingering
Pathology bias
Refers to an inclination of clinicians to see deviance because it is suggested by the context
ex.: seeing the pre-frontal cortex dissociation during sleep because it would explain the MDOs behavior
Allegiance behavior
The assessments are biased in a certain direction dependent on the process party that hired the expert
Malingering
Faking of the test results by the defendant
Culpa in causa principle
(Fault in the cause)
Suggests that someone who voluntarily + wrongfully places herself in a situation in which it is foreseeable that she may commit a crime is considered guilty
ex.: Driving a car when having epilepsy, then running over a person
What is the difference in how the culpa in causa principle is used in criminal law vs in the medical sector ?
Criminal sector
–> the criminal act is the persons own fault/choice
Medical sector
–> due to brain disease
In which way is behavioral genetic info helpful in court cases ?
Helps answering judicial questions and thus might mitigate a sentence or aid the defendant to seek therapy
–> usually referred to as heritable factors
BUT: in general it is rare
How may neuroscientific evidence function as a “double-edged sword” ?
(Double-edged sword effect)
It may
- be considered mitigating info with respect to accountability and therefore reduce the sentence
- contribute to the extent to which a defendant is perceived as a risk for society (e.g. untreatable disease)
On which main points do the actors (behavioral + judicial) in criminal cases on the Netherlands focus on, when examining neuroscientific factors ?
- Criminal responsibility
- Recidivism risk
- Best choice of treatment in light of this info
Limitations to the use of Neuroscientific evidence in the Netherlands?
- The pool of expert witnesses is rather small
- Development of instruments to help answer judicial questions is important
- More dialog between researchers and legal practitioners is needed
Neurocriminology
Seeks to apply techniques + principles from neuroscience to better
- understand
- predict
- prevent crime
–> brings economic + social benefits of violence reduction + neuroethical concerns
Is the contribution of a single gene responsible for aggressive behavior ?
No.
It may be the combination of a larger number of gene variants
BUT: Knowledge of individual genes may prove useful in improving our understanding the underlying mechanisms
Prenatal + perinatal influences in antisocial behavior
1. Birth complications, in combination with maternal rejection of the child in the first year of life
2. Fetal maldevelopment during the 2nd trimester
3. Childhood aggression + adolescent conduct disorder
4. Cavum septum pellucidum (CSP) have been associated with violent criminal offending
Cavum septum pellucidum (CSP)
Refers to a failed closure of the septum pellucidum, which is a process that normally takes place during gestation until 6 months post-birth
–> early marker for disrupted development in the limbic region of the brain, which is in turn associated with violence
Lead, dentine lead and manganese levels
Have been associated with juvenile delinquency + aggressive behavior
–> if exposed to high levels during pregnancy, most likely to be past on
Hypothalamus-pituitary-adrenal axis (HPA)
Refers to the body stress response system that releases the hormone cortisol
How is the HPA axis predictive of lasting changes in aggressive behavior ?
Psychological stress at various stages in development may produce lasting changes in the HPA axis functioning which in turn will not be able to react to stressful events appropriately anymore
–> low levels of cortisol = high risk of aggression
Name 2 neurotransmitters implicated in aggression.
- Testosterone
- Serotonin
Psychophysiology implicated in antisocial behavior.
- Low heart rate in childhood + adolescence
- Slow frequency electroencephalographic activity
- Reduced skin conductance activity
- Poor autonomic fear conditioning
Fear conditioning
Refers to the ability to learn associations between neutral cues + aversive stimuli to elicit a fearful conditioned response
Brain imaging correlates of antisocial behavior.
1. Reduced functioning of the frontal lobe
–> especially OFC/VLPFC, ACC, DLPFC
2. Impaired Amygdala
2 conditions have to be met in the USA for a person to be legally deemed “responsible” for their actions.
Name them
1. Having sufficient rational capacity
–> knowing what one does
2. Not acting under coercion
Rational capacity
Knowing what one is doing, understanding this action and being aware of its consequences
Is neurocriminal research substantial enough to make immediate changes in the prediction, prevention + punishment of criminal offenders ?
No.
It is unclear how strong + well replicated scientific findings should be for their proper use in court
BUT: there is significant proof that it can become a bigger influence in the future
Name the 2 theories that have been proposed to explain how blunted autonomic functioning could increase antisociality.
- Fearlessness Hypothesis
- Sensation-seeking Hypothesis
Fearlessness hypothesis
Suggests that antisocial individuals are not deterred from criminal behavior because they do not experience appropriate physiological responses to risky/stressful situations nor potential aversive consequences
–> due to blunted autonomic functioning
Sensation-Seeking hypothesis
Suggests that blunted psychophysiology is an uncomfortable state of being
–> in order to achieve homeostasis, individuals engage in antisocial behavior to raise their arousal levels
Phineas Gage
Reported to have a dramatic personality change after an iron rod was shot through his skull and damaged his left + right PFCs
–> disrupted moral + social development
What is evidence for the fact that PFC influences criminal behavior ?
Upregulation of the PFC decreases criminal intentions + increases the perceptions of moral wrongness of aggressive acts
The amygdala is an important brain region for emotional processes.
How can it be implicated in criminal behavior ?
It is key in developing
1. fear conditioning
2. morality
3. stimulus reinforcement, recognizing the cues which deter an individual from risky behavior
–> maldevelopment can lead to diminished abilities in these fields
The striatum is a critical component of the motor and reward systems.
How can it be implicated in criminal behavior ?
1. Dysfunction
2. Increased activity
3. Abnormal functional connectivity
of the striatum is associated with impulsive/antisocial behavior
–> this may be related to reward processes
Neuromoral theory of antisocial behavior
Suggests that the brain regions involved in moral decision making are significantly impaired in offenders
–> VLPFC, ACC, Amygdala, Insula, S. temporal gyrus, Tempoparietal junction
THUS: the more this neuromoral circuit is impaired, the less criminal responsibility can be given to the individual
Is antisocial behavior heritable ?
Yes,
approx. 40-60%
BUT: they vary in part based upon the specific behaviors examined
Gene-environment interactions
(G x E)
Refer to the context in which genes are activated as they don’t operate in isolation
While biological processes can contribute to antisocial behavior, they do not guarantee negative outcomes. How come ? Which factors play an additional role?
1. Social environment
2. Interventions in multiple spheres may help mitigate biological risks for antisocial behavior
–> biological explanations should be thought of as complementary to current research
Blunted autonomic functioning
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