Forensic Neuropsychology & The Criminal Law, by Martell Daniel

Before proceeding with the review of this article we should first be clear with the meaning of the term forensic neuropsychology. Forensic neuropsychology involves the evaluation of subjects by application of clinical neuropsychological assessment methods. This particular branch of forensic science plays a key role when it comes to evaluating the criminal competency of an individual to stand trial, insanity defences, diminished criminal responsibility, criminal mitigation, etc. A neuropsychological evaluation is an assessment of the cognitive and behavioural functions using a set of standardized tests and procedures, professionals call these sets of tests or procedures as a battery of test. Various mental functions are systematically tested, including, but not limited to:

I. Intelligence

II. Problem solving & conceptualization

III. Planning & organization

IV. Attention, memory, & learning

V. Language

VI. Academic skills

VII. Perceptual & motor abilities

VIII. Emotions, behaviour, & personality.

There exist a whole lot of differences between neuropsychology practice in the general clinical setting & that of the forensic setting. The major objective of the clinical neuropsychological assessment is to most often to alleviate the human suffering by improving the mental condition of a particular person. The major goal of forensic evaluation, on the other hand, is to determine whether the psychological condition of a defendant makes him criminally competent to stand the trial. The concept of ‘competency” can be broadly defined as the capacity to decide or perform a few definite functions. From a legal point of view, the principle of competency entails the concept of knowledge. It implies a persons’ understanding of issues per...

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...9-30, 2005.

• Hannan Michael J., The Forensic Neuropsychological IME, Litigation, Vol. 35, No.3, pg. 53, 2009.

• Brigham John C., What is Forensic Psychology Anyway? , Law & Human Behavior, Vol. 23, No.3, pg. 274-275, 1999.

• Mossman Douglas & Noffsinger Stephen G. & Ash Peter & Frierson Richard L. & Gerbasi Joan & Hackett Maureen & Lewis Catherine F. & Pinals Debra & Scott Charles & Sieg Karl G. & Wall Barry W. & Zonana Howard V., AAPL Practice Guideline for the Forensic Psychiatric Evaluation of Competence to Stand Trial, The Journal of the American Academy of Psychiatry and the Law, Vol. 35, Number 4, 2007.

• Weissbourd Robert, Involuntary Commitment: the Move toward Dangerousness, John Marshall Law Review, Vol.15, pg.93, 1983.

Websites Referred:

• http://neuropsychologycentral.com/resources_neuropsych_eval_faq.html, (Last updated on, 10.04.14).