title: A neurolaw perspective on psychiatric assessments of criminal responsibility: decision-making, mental disorder, and the brain.
abstract: In some criminal law cases, the defendant is assessed by a forensic psychiatrist or psychologist within the context of an insanity defense. In this article I argue that specific neuroscientific research can be helpful in improving the quality of such a forensic psychiatric evaluation. This will be clarified in two ways. Firstly, we shall adopt the approach of understanding these forensic assessments as evaluations of the influence of a mental disorder on a defendant's decision-making process. Secondly, I shall point to the fact that researchers in neuroscience have performed various studies over recent years on the influence of specific mental disorders on a patient's decision-making. I argue that such research, especially if modified to decision-making in criminal scenarios, could be very helpful to forensic psychiatric assessments. This kind of research aims to provide insights not merely into the presence of a mental disorder, but also into the actual impact of mental disorders on the decisions defendants have made in regard to their actions.
authors: Tilburg Law School, Department of Criminal Law, Tilburg University, PO Box 90153, 5000 LE Tilburg, The Netherlands. g.meynen@uvt.nl
authors: Gerben
authors: G
authors: Meynen
mesh_terms: D001927:Brain Diseases / Q000175:diagnosis* / Q000503:physiopathology / Q000523:psychology; D003417:Criminal Psychology; D003657:Decision Making / Q000502:physiology; D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D006801:Humans; D007298:Insanity Defense; D016743:Mental Competency / Q000331:legislation & jurisprudence*; D001523:Mental Disorders / Q000175:diagnosis* / Q000503:physiopathology / Q000523:psychology; D009483:Neuropsychological Tests; D014754:Violence / Q000331:legislation & jurisprudence / Q000523:psychology