Neuroscientific information and techniques are used in courts of the Netherlands (may reduction for mentally ill; Genetic deftness are predicted to happen).
What are the most common themes?
(1) prefrontal brain damage (in relation to criminal responsibility and recidivism risk)
(2) neurocognitive deficits in addiction (for judging criminal responsibility)
For what is neuroscience information used?
Majority of cases: neuroscientific information is introduced as mitigating information in sentencing because the has a mental disorder or defective development that may have limited his responsibility for his criminal actions, and in which neurobiological aspects may play a role
Neuroscientific information can come from..
(1) brain assessment through imaging techniques or EEG, neuro-endocrinological assessment (e.g. hormones, neuropeptides)
(2) neuropsychological assessment
(3) a neurobiological predisposition/damage of the brain
Behavioural genetic information can come from…
(1) heritability assessment (e.g. of specific genes)
(2) genetic predisposition/family history indicating a biological origin of a particular behaviour
Is MRI evidence used in court?
they found no cases in which an MRI-scan was shown in court in relation to the brain brain and behavior of the defendant
However MRI-scans are often part of the interdisciplinary examination of the defendant in cases where pre-frontal damage
Neuroscientific or behavioural genetic information has been used to answer the following judicial questions:
reliable evidence, diminished accountability, risk to society, intended the act, act due to guilt/negligence, act was committed, competent to stand trial, self-defense, head injuries/brain damage
for resposibility of a crime 2 conditions need to be met:
They have sufficient rational capacity (individual knew what they were doing and understood that there might be consequences)
They are not acting under coercion
-> This means that even with some abnormal brain activity/tumour, etc., someone could still be deemed responsible in the eyes of the law
culpa in causa
means someone ended up in a situation because of themselves and its their own fault
Do these laws need revision?
Yes because of its binary judgement
E.g. innocence versus guilt / presence or absence of a mental disability
Crime and antisocial behaviour are dimensional, not categorical
Culpa in causa AND addiction
criminal law views addiction more like a choice while in the medical sector it is considered a disease
Different opinions:
- generally a long existing addiction has irreversible effects on the brain that limit the freedom to determine one’s will to use substance -> diminished responsibility
brain disease model
-> drug addiction
chronic drug use induces enduring changes in brain function that impair the person’s ability to control drug use
2 Biases of experts in assessing MRI scans
“pathology bias” (the inclination of clinicians to see deviance because it is suggested)
“allegiance bias” (the assessments are biased in a certain direction dependent on the process party that hired the expert)
When is behavioural genetic information used?
Mostly only to mention the role of heritable factors in the etiology of mental disorders
§ Experts use this information (and other factors e.g. problematic family conditions) to explain how the disorder and the problematic behaviour may have come about
Neuroscientific information may function as a double edged sword
Meaning?
It could either be used to diminish someone’s accountability (thereby reducing sentence) or it can show that the defendant is a risk for society (even when accountability is reduced this can in practice lead to a longer sentence (this effect may be more prominent in cases with high risk of severe violence)
What does Neurocriminology do in modern times?
applies techniques + principles from neurosciences to improve our understanding of crime, to predict crime and ultimately prevent it
3 types of studies that examine the relationship between antisocial behaviour and biological functioning
- Correlational and 2. cross-sectional studies (Single point; used to measure the prevalence) don’t take mediators (genetic and environmental factors) into account
- Longitudinal studies examine whether the presence of specific biological factors (e.g. hormone levels, neurotransmitter levels, physiological indices or brain impairments) is predictive of future offending
What is the finding in twin and adoption studies?
Antisocial/aggressive behaviour has a genetic basis (variance due to genetics between 40-60%; consistent across gender and ethnicity)
Is there one gene for criminal behavior?
the influence on a single gene on aggression is likely small: combination of larger number of gene variants may increase risk of aggressive behaviour
Although several genetic variants that incrementally increase the risk of antisocial behaviour
What does Epigenetics mean?
environment is equally important -> environmental stressors influence how genes are functionally expressed
Are early environmental factors involved in antisocial beh. in adulthood?
yes
a number of early environmental factors may increase the risk of antisocial behaviour as late as adulthood, probably via effects on biological systems
7 Prenatal and perinatal risk factors fir being aggressive and antisocial
- birth complications
- maternal rejection
- Fetal maldevelopment
- Alcohol + nicotine consumption during pregnancy
- high Lead levels (leads to poorer cogntive functioning)
6.Higher manganese levels in the mother during pregnancy
7.Poor nutrition in pregnancy and in infants
Hormones and neurotransmitters important in aggressive behaviour
- increased coritsol (Disruptions in the hypothalamus–pituitary–adrenal (HPA) axis) -> Psychological stress during development may change the HPA axis thereby predisposing people to antisocial behaviour
- Increases testosterone
- LOW and HIGH serotonin
low serotonin -> reduced functioning of the orbitofrontal cortex
aggressive ppl show reduced MAOA gene (enzyme that breaks down serotonin) –>lower levels of MAOA would presumably result in higher serotonin levels
3
psychophysiology correlated with antisocial behavoiral
Low resting heart rate
-> Low resting heart rate may indicate a lack of fear + a reduced likelihood of experiencing negative affect in response to a criminal act
Psychophysiological indicators of under-arousal
Poor autonomic fear conditioning
