Criminal Mind Discussion

Will Advances In Neurocriminology Give Rise To A Criminal Disorder Being Identified?

Neuropcriminology and criminal justice
Science and criminal justice are generally quite friendly. The use of forensic evidence for example, is common inside the courtroom. However, a new field of science is emerging and it is causing ripples. That science is neurocriminology; the use of neuroscience to explore the criminal mind and differences in brain structures which may explain criminal behaviour.

Furthermore, geneticists have found themselves at the centre of this storm, with studies suggestive of genotypes which could predispose individuals to violent and aggressive behaviour. Science, morals and ethics are overlapping with the issue of criminal responsibility at the core.

Neurocriminology – Biological Explanations of Crime

Biological and neurological explanations for criminal behaviour raise key questions for not only how the criminal justice system can incorporate the science of neurocriminology, but if they do, whether criminal punishment as we know it can continue in the same vein. In 2007, behavioural genetics was presented in a courtroom for the first time.

An Italian court reduced the sentence of a convicted murderer by one year due to evidence he had genes which meant he was predisposed to violence. Abdelmalek Bayout received a nine-year sentence instead of twelve years at his original trial due to mental ill-health at the time of the offence.

During an appeal in 2009, Bayout was assessed by two neuroscientists who found abnormalities within is brain scans and five genes which have been linked to violent behaviour. The Judge in the case accepted this evidence and reduced Bayout’s sentence to eight years, citing a research study carried out in London as ‘particularly compelling’.

Genetic Research

The research he is referring to was carried out by Kings College in London in 2002. Moving neurocriminology into the genetics field,  the study looked at a large sample of maltreated males, from childhood to adolescence to see why some developed antisocial behaviour as adults and others did not. They found children who had high levels of the MAOA gene expression were less likely to develop antisocial problems and claimed this genotype may ‘moderate the effect of maltreatment’.

In the world of genetics questions have been raised on the validity of testing one single gene such as MAOA and not knowing the interaction likely with other genes that are present. Nevertheless, the study clearly impacted the Judge in the Bayout case and resulted in a reduction in his sentence.Monoamine_oxidase MAOA gene

Psychosocial Factors in Neurocriminology and Criminal Behaviour

Changes and developments in the brain along with genetics are not the sole influences on an individual’s behaviour. We know that external factors within the environment are also involved; lifestyle, habits, experiences, abuse, mental health, substance misuse and exposure to violence all need to be taken into account.

It appears few cases with a biological defence has succeeded so far in the criminal court, mainly due to the engagement of human agency.  Simply, can such biological factors remove responsibility and free will for engagement in criminal behaviour, particularly violent behaviour?

A death penalty case in 1999 raised some interesting questions about the role of biosocial evidence within criminal justice alongside psychosocial factors.  Mr Page was convicted of first-degree murder and sentenced to the death penalty.  His defence team hired Adrian Raine, a specialist in criminology, to assess Page’s brain and functioning where he found low activation in the prefrontal cortex.

His behaviour, it was argued, could be explained by biosocial factors including a childhood characterised by abuse and neglect and poor cognitive functioning with a family history of mental illness.  Notably, Mr Page has a history of mental heath referrals but had never received any treatment. Judges decided against the death penalty, commenting that a mix of biological and social factors mitigated Mr Page’s responsibility for the crime.

Related: Sleepwalking Murder: To Kill While Asleep

The Issue of Causation

Just because something is present, doesn’t mean it is the cause of something else. Many scientists are concerned that implying the idea of underdevelopment in the brain, particularly in the case of juvenile crime, is being used to explain the cause of such terrible criminal behaviour when in fact there is no solid evidence to confirm that is indeed the cause.

The fear is that teenage reckless and risky behaviour is being bolstered with biological claims to increase its credibility and provide explanations, and some say, excuses for bad behaviour.

As a society, we are impressed by neuroscience evidence. When we are shown pictures of active brains and told this is why someone behaves in a certain way, we tend to give it more credibility.

Evidence from neurocriminology research can be compellingThis does not mean it is right or that it should be given that level of credibility. David Faigman of the University of California phrases this very well “neuroscience gives the courts a hook”.

Psychological evidence based on behavioural patterns can be considered as soft with no solid grounding.  As Faigman points out, the neuroscience can only be relevant to the law when taken in along with the psychological behavioural information.  If one is ‘soft’ then so is the other.

A Criminal Disorder?

If such evidence were to be incorporated, this suggests a label would emerge. A disorder or a condition which means an individual is predisposed to violent or aggressive behaviour.  In the Bayout case for example, if evidence of mental ill heath at the time of his offence had not been taken into account as a mitigating factor, he would have received a twelve-year sentence rather than nine years.

If evidence from neurocriminology were to be characterised in a similar way, as a criminal disorder as such, this would surely have a serious impact on how such individuals were dealt with in the criminal justice system?

Those with mental health issues are often put forward as less responsible for their criminal acts due to their mental health conditions.  Whether neurocriminological evidence such as low frontal cortex activity and genetic evidence should be incorporated in the same way is still up for debate.

The Frontal Cortex of the Brain

Studies have suggested that those with less functioning in the frontal cortex of the brain are more likely to commit violent crime.  The frontal lobes of our brains contain all the areas which deal with our impulses, inhibitions and emotions.

Poor frontal lobe function could reduce our control leading to less socially acceptable behaviour. This has been seen and evidenced in frontal lobe brain injury cases.  However, as highlighted by Dr Raine, serial killers for example, do not fit this mould.

Serial killers tend to plan and carefully carry out their attacks. They are often able to carry on with seemingly normal functioning family lives while committing such acts of violence under the radar. They have to be in control of their behaviour, actions and emotions in order to not be caught.

Related: Can Criminal Behavior Be Predicted Using Brain Scans?

Such scientific data, if it can be replicated and validated, could become not only important within criminal cases involving criminal justice and punishment but also regarding rehabilitation of offenders and trying to break the cycle of offending. Such data could potentially give directional information regarding rehabilitation methods and programs and which may be more effective for some individuals over others.

If there were a better, more accurate and reliable way to predict who may go on to commit a violent crime, could intervention be made earlier to prevent this individual going down that path? Many cases have come to light where a criminal’s previous criminal history has been flagged and their current behaviour is an escalation.

This is an interesting concept and one that could be potentially ground-breaking in moving our understanding forward along with our effectiveness of dealing with criminal behaviour in the future.

Reference / Further Reading:

Caspi, A., McClay, J., Moffitt, T.E., Mill, J., Martin, J., Craig, I.W., Taylor, A., and Poulton, R. (2002) Role of Genotype in the Cycle of Violence in Maltreated Children, Science, Vol. 297, Issue 5582, pp. 851-854

To cite this article:
Guy, F. (2017, Jan 11). Will Advances In Neurocriminology Give Rise To A Criminal Disorder Being Identified? Crime Traveller. Retrieved from https://www.crimetraveller.org/2017/01/neurocriminology/

JOIN OUR MAILING LIST

Subscribe to Crime Traveller for new article updates and our free monthly Newsletter
sent straight into your inbox.
*
indicates required
Which content are you interested in? (Select one or both)

10 Comments

Click here to post a comment

  • Interesting org you have there, bookmarked it(☺obviously😊); surely everything here is helping me quit a lot to understand the conceptions, history behind the rare & brutal cases and of coarse the global, research trends in the subject,news of which are never easy to find(😀😃 thank u for making it many a million bits and tads easier☺😁). But,if not in need of justice, still, there are things which demands to be recongnized/ oralized; ..lastly,the page is a shouldr-to-shoulder equivalent to an academic text book of criminology, obliged to nest here…..😇 

  • You are very welcome and thank you Dev for such kind comments on the site, I am glad you are finding it useful. Crime and criminal behaviour is such a huge topic with so many different disciplines and areas of focus.

  • Pretty great post. I simply stumbled upon your weblog and wished to mention that I've truly loved
    surfing around your weblog posts. In any case I'll be subscribing
    on your feed and I hope you write again soon!

  • They can now see narcissism in the brain. NPD disorder. Sociopaths. Thinner grey matter in areas of brain. Narcissists are very mentally ill. The abuse they do on others is horrific. I believe all cluster b disordered people are dangerous to society. Especially narcissists. They are very abusive to their children. Narcissists have a stunted emotional IQ and emotionally are age of 6 years old. NPD should be studied more but I gather that’s hard since narcs don’t think they have any serious issues. So they don’t seek help.

    • Hi Dena, I agree, true narcissism really is a dangerous condition and can be very damaging for those around them. I think you are right, most narcissists do not believe they have a problem much less a personality disorder and do not engage in any sort of help or support which limits the data and research opportunities.

      • What’s interesting is that a narcissist i knew who was malignant told me “I’m different” (referring to himself). I believe they do know they are bad and so awful things as he premeditated a lot of his evil things,it may be they feel so superior they are warped in their thinking that this is. Good behavior and not bad. There’s enough evidence with the one I dealt with that he plotted evil and got great satisfaction from seeing me in emotional pain. I think they enjoy what they do and is more why they don’t seek help.

        • Hi Dena, one of the traits of a narcissist is certainly a feeling of superiority and being ‘special’. I am sorry to hear you have suffered at the hands of one of these individuals. It sounds like they knew they were different to most but as you say, enjoyed and exploited this difference. The lack of emotion and human connection to others allows them to inflict incredible harm to others with no remorse or empathy for what they are doing. This is, I think, what makes these individuals so dangerous.

          • Yes. I became physically ill from it. You must learn to recognize these devils before it’s too late. The fact that they wear a false mask is what’s so dangerous. It’s akin to swimming in a lake and what you see are goldfish then suddenly the fish morph into sharks and you are already in the lake. And the shark chomps down on you suddenly. Had you known it really was not goldfish you would have not chose to go on the lake.

          • Good analogy and I think that is exactly the problem. These individuals are so good at being charming and at hiding their true thoughts they are very difficult to spot. They are excellent manipulators and by the time their true colours begin to show (the shark emerges), their target is in such a vulnerable position it can be very hard to escape.

Site Categories