Forensic Neuropsychology: What It Is, Functions And What It Investigates
Psychology is a science in continuous expansion, and one of its many branches is forensic neuropsychology
In this article we will explore this subdiscipline, which connects the functioning of the brain with the events that can be treated in the legal field.
Forensic psychology is the part of psychology dedicated to any matter that goes through the judicial forum , and can be in very diverse areas (custody of minors, disability, prison permits, credibility of testimony, etc.). Within this area, forensic neuropsychology tries to explain human behavior based on its brain structures.
The goal of the forensic neuropsychologist would always be investigate whether there are possible neurocognitive alterations that justify a certain behavior related in one way or another to a judicial process to be able to capture it in a psychological expert report that serves as a reference for the judge when making a decision and issuing a verdict on the matter that motivated the consultation.
In other words, the judge would need the collaboration of the neuropsychologist to know if there is a biological basis (injury, alteration or neurological disease) that explains a certain behavior with a high degree of probability.
The application of neuropsychology in the forensic field is something relatively new, as it has only been carried out since the 80s. However, in the desire to use increasingly scientific and standardized methodologies, a long journey and rapid growth in the short term are predicted. term of this discipline, since it allows us to establish a measurable and contrastable basis for certain human behaviors that are susceptible to an important judicial decision which in many cases imply important consequences, such as a possible prison sentence.
Areas of action
Forensic neuropsychology can provide a valuable service in different judicial areas among which we can highlight three, which would make up the vast majority of the interventions.
1. Labor law
Firstly, we would find cases related to labor law, since a forensic report is frequently required to determine the consequences that a worker may have suffered due to a work accident or an occupational disease. The neuropsychologist will investigate the existence and extent of these sequelae so that legal services have a basis on which to establish a decision about possible disability or compensation.
Another area would be civil law, which is very broad and therefore you can find very diverse objects of expertise. The most common have to do with the capacities of people to exercise guardianship of a minor, and also to study a possible incapacity of a subject But sometimes other matters are consulted in which the abilities of individuals to carry out certain activities, such as driving or receiving a certain treatment, are evaluated.
3. Criminal law
Of course, the last field in which forensic neuropsychology would operate would be that of criminal law, since Their work is essential when evaluating the possible criminal responsibility of a person or even their procedural capacity
Expert examinations are common in which it is studied whether the person has altered cognitive and volitional capacities due to some neuropsychological cause that limits their responsibility.
Neurocognitive alterations
We have already seen that the objective of forensic neuropsychology is to investigate the existence of possible neurocognitive alterations that may be causing certain behavior. These alterations can come from very different causes Let’s see some of the most frequent ones.
Cognitive functions explored
Within the field of forensic neuropsychology, there are many capabilities of the subject that can be evaluated Let’s look at the cognitive functions most frequently reviewed through this discipline to estimate if they are being affected by any neurological condition.
1. Attention
Attention is the ability It allows us to discriminate between all the stimuli in the environment and collect only the information that interests us at all times thus focusing on what is relevant to us and discarding a huge amount of data that would otherwise saturate our brain.
Therefore, alterations in attention would cause the subject to have difficulties or be unable to focus their senses on a specific stimulus or series of stimuli.
Another capacity studied is praxis. They are the movements that we make with a purpose Its alterations would be apraxias, and we can establish three types:
Each of these apraxias is caused by an injury to a very specific brain area.
3. Gnosias
The ability to perceive and recognize certain stimuli through the senses is known as gnosias Therefore, there will be a gnosia related to each of the ways of accessing information (visual, auditory, etc.). As in praxias, each of them is generated in a certain place in the brain, so depending on the place of the lesion, it will be causing one agnosia or another, and therefore difficulties in perceiving information through one sense. concrete.
4. Memory
Another of the fundamental capacities of the human being is, of course, memory, which in turn is made up of different types (sensory, short-term and long-term memory). They involve the retention of data in our brain for a certain period of time and therefore its alteration can cause us to have difficulties, either in recovering memories, or in generating them, or both at the same time.
5. Language
Another primordial faculty in us is language, a method by which we are able to communicate fluently through sounds and symbols. If this capacity is altered we would be talking about aphasias which can be of a very different nature, depending on the specific language capacity that is being impeded, and would be caused by damage to a very specific place in the brain, since, as in the previous examples, each capacity would depend on a certain structure.
6. Executive functions
executive functions They are responsible for us being able to carry out a series of complex behaviors They would represent the coordination of many other capabilities that, working together, allow us to carry out behaviors that do not occur in any other species, so it would be one of the capabilities that makes us human. They would depend, fundamentally, on the frontal lobe, which is tremendously developed in our species, and also on the limbic system. Injuries to these structures can cause drastic changes in the subject’s personality.
Finally we would find metacognition, another of the abilities inherent to human beings. It would refer to the cognition of one’s own cognition, that is, to our ability to know our own capabilities and also be able to regulate them. If this perception is altered, we may have trouble realizing that we are having difficulty or are unable to use a particular skill
The simulation
There is a problem that is, by far, the most studied in the field of forensic neuropsychology, and it is none other than simulation. No less than 85% of the studies published in this field refer to this phenomenon, and one of the greatest difficulties faced by the forensic neuropsychologist is the question of if the subject really has an illness or on the contrary is faking it In many cases it is not easy to answer this question.
A recurring issue is memory problems alleged during a judicial process. To this end, diagnostic tests are continually devised that measure the abilities studied at the same time as the simulation, to obtain an indicator that verifies whether we can trust the subject’s responses or, on the contrary, it is likely that they are trying to deceive us.
To give us an idea of the scope of this problem, it is estimated that in Spain, 40% of victims of head trauma lie, exaggerate or in some way distort their testimony about the consequences they are experiencing as a result of the event.
Therefore, simulation is a concept that is taken into account and is sought to be identified throughout the evaluation process for expert reports in forensic neuropsychology.
Jarné, A. and Aliaga, A. (2011). Manual of forensic neuropsychology. Madrid. Herder.
Larrabee, G.J. (2011). Forensic Neuropsychology: a scientific approach. New York. Oxford University Press.
Tirapu, J., Ríos, M., Maestú, F. (2008). Manual of neuropsychology. Barcelona. Viguera.
