It is not the first time that a suspect has received a brain scan, but it does not happen very often, says Gerben Meynen, professor of forensic psychiatry at Utrecht University. “It concerns about dozens of cases per year,” Meynen tells Editie NL. “For comparison: there are tens of thousands of criminal cases every year. So it is a very small part.”
New insights
Meynen conducts research into responsible application of neurotechnology, such as brain scans, in legal cases. “It may be useful to perform a brain scan in addition to other psychological examinations,” he says. “For example, suppose psychiatrists suspect that a suspect has a certain condition, then such a brain scan can provide confirmation, rule out something or lead to new insights.”
In the Netherlands, the most famous example is the extortion case of the De Mol family. “A then 71-year-old man attempted to extort John de Mol and threatened the family. This man received a brain scan and this revealed that he suffered from a form of dementia. The man was deemed to have significantly reduced accountability and was given mandatory treatment.”
Brain tumor
But there are several examples of brain disorders that influence a person’s behavior. “A tumor in the brain or a cerebral infarction,” brain professor Erik Scherder tells Editie NL. “There is a well-known example where a man had pedophilic tendencies towards his children. It was decided – partly for other reasons – to examine this man’s brain through a brain scan. This showed that the man had a brain tumor. This was removed , but then this man started exhibiting the same behavior again. It turned out that the tumor had returned.”
Jail
However, a disorder in your brain does not mean that someone exhibits criminal behavior, Scherder emphasizes. “It is ultimately a combination of factors that determines how someone behaves. We do a lot of research in prisons and look at the influence of prison on the brains of detainees.”
Many of these studies show that the brains of prisoners look different. “In many cases this has to do with the past of these people. They were damaged at a young age and the networks in their brain are also affected. This can lead to different behavior – for example, less empathy or a reduced control. But that obviously does not immediately make someone a criminal. After all, someone’s environment, friends, etc. also have an influence.”
History
“It should not be the case that someone commits a crime and that person is immediately subjected to a brain examination,” Scherder continues. “And if there is damage to the brain due to alcohol, then it should not be the case that alcohol is to blame. You do not want the brain to be blamed for someone’s behavior. It is therefore important to always look at the suspect’s history. and on that basis determine whether a brain scan is necessary.”
Professor Meynen agrees. “It is important to know that an abnormality in the brain does not automatically mean that it also influences someone’s behavior. And an abnormality does not automatically mean that a suspect will receive a lower sentence. That is always up to the judge.”
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