NCJ Number
137558
Journal
Law and Human Behavior Volume: 16 Issue: 3 Dated: (June 1992) Pages: 313- 336
Date Published
1992
Length
24 pages
Annotation
While forensic neuropsychology has played a significant role in civil law, in cases involving disability determination, workman's compensation, and personal injury, this article examines its relevance to issues arising in criminal law.
Abstract
Neuropsychological evidence is particularly applicable to certain psycholegal issues in the criminal process, including evaluation of competency to stand trial; criminal responsibility, diminished capacity, and insanity defense; and related competencies. This analysis notes that clinical neuropsychology, because of its ability to characterize the objective psychological, behavioral, and emotional consequences of abnormal brain conditions, has the potential to play an increasingly significant role in the courtroom. A forensic neuropsychology assessment integrates data from tests of specific neurobehavioral abilities with those from achievement, intelligence, and personality indexes in order to draw a comprehensive picture of an individual's level of emotional, cognitive, and behavioral functioning. The admissibility of neuropsychological evidence must meet the general requirements set for expert testimony. Additional ecologically valid research is needed to address unanswered issues including the behavioral sequelae of localized brain lesions, violence and brain function, base rates in forensic populations, and studies relevant to legal criteria, including predictions of restorability to fitness. 52 references (Author abstract modified)