title: Free will, neuroscience, and choice: towards a decisional capacity model for insanity defense evaluations.
abstract: Free will has often been considered central to criminal responsibility. Yet, the concept of free will is also difficult to define and
  operationalize, and, moreover, it is intensely debated. In particular, the very existence of free will has been denied based on recent neuroscience findings. This debate has significant implications on those fields in which the link between free will and behaviour is the main focus of interest, such as forensic psychiatry. In fact, a tension is often experienced between the centrality of the notion of free will on the one hand, and its controversial status on the other. This tension needs to be addressed, especially in forensic psychiatry, since it is relevant for actual assessments of legal insanity. In the present paper we will try to operationalize “free will” using a fourpartite decision-making capacity model, which can be used in forensic assessment of insanity. We will describe its advantages and application to guide mental insanity assessments. Whereas free will is often considered problematic from a neuroscience perspective, this model, we argue, is compatible with neuroscience; moreover, evaluations using this model can also be informed and strengthened by neuroscientific findings, for example regarding inhibitory control.
authors.affiliation: Department of Neurology and Psychiatry, "Sapienza" University of Rome, Rome, Italy.
authors.forename: Giovanna
authors.initials: G
authors.lastname: Parmigiani
authors.affiliation: Department of Neurology and Psychiatry, "Sapienza" University of Rome, Rome, Italy.
authors.forename: Gabriele
authors.initials: G
authors.lastname: Mandarelli
authors.affiliation: Department of Criminal Law, Tilburg University, Tilburg, the Netherlands.
authors.forename: Gerben
authors.initials: G
authors.lastname: Meynen
authors.affiliation: Department of Neurology and Psychiatry, "Sapienza" University of Rome, Rome, Italy.
authors.forename: Lorenzo
authors.initials: L
authors.lastname: Tarsitani
authors.affiliation: Department of Neurology and Psychiatry, "Sapienza" University of Rome, Rome, Italy.
authors.forename: Massimo
authors.initials: M
authors.lastname: Biondi
authors.affiliation: Department of Neurology and Psychiatry, "Sapienza" University of Rome, Rome, Italy.
authors.forename: Stefano
authors.initials: S
authors.lastname: Ferracuti
mesh_terms: D003657:Decision Making; D005555:Forensic Psychiatry / Q000331:legislation & jurisprudence; D006801:Humans; D007298:Insanity Defense; D007558:Italy; D016743:Mental Competency / Q000331:legislation & jurisprudence / Q000523:psychology; D001523:Mental Disorders / Q000523:psychology; D009426:Netherlands; D009488:Neurosciences; D026684:Personal Autonomy