Conceptual and Theoretical Issues in Forensic Neuropsychology

<p>Neuroscience is an increasingly popular area of study in forensic psychology, and there is a large body of empirical research emerging investigating the biological basis of offending behaviour. However, the theoretical and conceptual underpinnings of forensic neuroscience are currently underdeveloped. The aim of this thesis is to provide insight into the potential issues with forensic neuroscience and provide a number of suggestions for researchers to follow. This thesis begins by outlining these theoretical, conceptual, and empirical issues that researchers should be considering, including conceptualisation of the mind, explanation, and the methodological issues in neuroscience. These issues are then examined in more detail using two specific subject areas as exemplars: deception detection and mind-reading by brain-reading. This thesis concludes with suggestions for future researchers, which include making sure that research is based on a strong theoretical framework, clarity around the kind of explanation employed and use of explanatory pluralism, clear and consistent definitions to improve conceptual validity, using consistent and conceptually valid experimental protocols, and explicit consideration of technical limitations and how they impact the validity of the experiment.</p>

Conceptual and Theoretical Issues in Forensic Neuropsychology

<p>Neuroscience is an increasingly popular area of study in forensic psychology, and there is a large body of empirical research emerging investigating the biological basis of offending behaviour. However, the theoretical and conceptual underpinnings of forensic neuroscience are currently underdeveloped. The aim of this thesis is to provide insight into the potential issues with forensic neuroscience and provide a number of suggestions for researchers to follow. This thesis begins by outlining these theoretical, conceptual, and empirical issues that researchers should be considering, including conceptualisation of the mind, explanation, and the methodological issues in neuroscience. These issues are then examined in more detail using two specific subject areas as exemplars: deception detection and mind-reading by brain-reading. This thesis concludes with suggestions for future researchers, which include making sure that research is based on a strong theoretical framework, clarity around the kind of explanation employed and use of explanatory pluralism, clear and consistent definitions to improve conceptual validity, using consistent and conceptually valid experimental protocols, and explicit consideration of technical limitations and how they impact the validity of the experiment.</p>

Forensic neuropsychology: Role and significance in judicial system

Forensic neuropsychology derived from clinical neuropsychology. This area not only relies on neuropsychological approach and practice and principals of brain structure and functions, but also on the contribution of diagnostic methods of brain visualization (neuroimaging). In the last decade, large number of books that deal with this topic has been published, mostly by American authors, just as a Journal of Forensic Neuropsychology dedicated to this field has started issuing. There are more and more demands in the world from judges and lawyers that neuropsychologists should provide services of quantifying and evaluating the severeness of cognitive deficits of respondents. In most cases, it is being asked of neuropsychologist to provide expertise based on clinical observation and results of neuropsychological examinations about the connection of individual cognitive functioning and behavior and special brain localization, as well as to provide the evaluation of the level of cognitive impairments. Unfortunately, official educational and training program in this field doesn't exist in Serbia, so a specific licence is not required. Also, there is a lack of professional organization that would gather forensic neuropsychologists. Practitioners that firstly obtained the status of graduated psychologists and then were educated in the field of clinical neuropsychology are the ones who deal with this area. In our country the role of forensic neuropsychologist is still not recognised enough, just as the possible significance these experts might have in judicial processes isn't. Topics that are being most focused on in the scope of forensic neuropsychology are ethical questions, the evaluation of validity of symptoms with special emphasis on evaluating effort that is being put on examination and the precense of potential malingering, There are significant differences between clinical and forensic neuropsychology. Clinical neuropsychology determines the presence of impairment in cognitive functioning, while the main goal of forensic neuropsychology is to provide answers to the legal questions. That key difference between goals leads to different presumptions, roles, alliances and methods. The results of clinical and forensic examinations are demanded and used by different scientists. Clincal evaluation is mostly demanded by experts who deal with treating and rehabilitating people with neuropsychological impairments or brain injuries, while forensic evaluation is being demanded and used by legal institutions. Efficient use of neuropsychological principles as an answer on forensic questions requires clinical skills, critical thinking and close connection to the scientific principles. With double focus on clinical psychology and neurology, neuropsychologists can contribute to the legal system not only by their understanding of neuroanathomy and neuropathology, but also with their capability to objectively document how neuropathological conditions affect thinking, memory and decision making process, which is, by far, the most important.

JUDGING ANTIGONE IN OLD AGE: (NEURO)PSYCHOLOGY AND LAW IN THE TWENTY-FIRST CENTURY

Although medicine, psychology and law have a long history behind them (Frank, 1930; Kapardis, 2009), and several issues may emerge at the interface of these scientific fields, new specific disciplines have been created to fill the research gap, such as legal psychology and forensic psychology (Taylor, 2019). In this direction, forensic neuropsychology combines not only psychometric testing, but also interviews, behavioral observations, and record reviews as additional sources of information for answering cognitive functioning questions in legal and forensic settings (Fink, 2007). Additionally, the emergence of a new promising interdisciplinary field, neurolaw, explores how neuroscience and advanced techniques can be used in the legal system (Meynen, 2014; van Dongen & Franken, 2019). Although there are still a plethora of topics that are not adequately described and need further research in neuropsychology, several attempts have been made to collect data for different research questions linked to this complex field (Canter & Žukauskiene, 2019). Methods and protocols regarding the processes of criminal profiling, the examination of cognitive biases in legal decision making, interrogations and confessions, detection of deception, eyewitness memory and false memories-distortions, cognition and emotions of child witnesses, and competence to stand trial, are still not clear (Bornstein & Miller, 2016; Brewer & Douglass, 2019).

Concussion

Concussion has become a driving force behind forensic neuropsychology practice. This chapter offers vivid, concise, accessible strategies that seasoned forensic experts use in explaining concussion to jurors. Specific topics include explaining the pathophysiology of concussion, how a concussion is diagnosed, posttraumatic amnesia, Glasgow Coma Scale scores, the difference between head injury and brain injury, the typical symptoms of concussion and expected recovery course, the sports as a laboratory research model, problems with the concept of “postconcussion syndrome,” differentiating the literature on chronic traumatic encephalopathy and concussion, and discussing the persistent idea of a “15% miserable minority.” The chapter also provides strategies for explaining alternative narratives as to why a person might feel they have persistent symptoms months or years following a concussion, including diagnosis threat, misattribution, iatrogenesis, “the grass is greener” phenomenon, litigation effects, medication effects, and emotional factors.

Training

This chapter addresses methods, strategies, and resources for training students and mid-career forensic psychology and forensic neuropsychology practitioners to become outstanding communicators on the witness stand.