Summary Task 1 - Back to Lombroso?

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