news hour
Cecile van de Grift
reporter News Hour
Cecile van de Grift
reporter News Hour
Scientists at the Pieter Baan Center (PBC) believe that too little attention is paid to the suspect’s brain. A large proportion of the convicts have brain damage, according to scientific research, which could partly explain the criminal behavior.
Every year the PBC conducts research into the brains of a small group of suspects, but believes that this number should be increased. Especially with the advent of all kinds of new technologies.
Recently, we showed that there was no dementia in a suspect who claimed amnesia.
Any damage to the brain can be seen on an MRI scan of the brain. The Pieter Baan Center performs these scans on approximately 45 suspects per year.
“Brain damage as a result of, for example, a blow to the head, a tumor or dementia can thus be made visible,” says Thijs van de Kant, clinical psychologist at the PBC. “These brain abnormalities could play a role in committing crimes.”
news hour
A suspect’s report is often made, in which a psychiatrist or psychologist investigates whether a suspect has a mental disorder. The judge will take that report into account when determining the verdict.
An MRI scan is not part of the psychiatrist’s standard toolbox, but it should be when there are indications of brain damage, experts at PBC believe. “Neuro technologies are developing rapidly,” says Van de Kant. “There is increasing evidence that there is a relationship between a brain abnormality and behaviour. In addition, the population is aging. As a result, we have more and more older people who come into contact with the law. The chance that they are suffering from dementia, for example, is greater. and we have to do something about that.”
Extortion case De Mol . family
A well-known criminal case where such a brain scan was of great importance is the extortion case of the De Mol family. There, an MRI scan of the brain of the 70-year-old offender was made to assess responsibility. What turned out? The scan clearly showed that he suffered from a rare form of dementia, which severely affected his ability to empathize and led to compulsive behaviour. As a result, he did not have to go to prison, but was given compulsory treatment and supervision.
You can have the same brain abnormality as a criminal, but be perfectly capable of controlling certain behaviors.
So it can make a real difference to look at a suspect’s brain. Yet we should not focus on it blindly, says Sjors Ligthart of Tilburg University. He specialized in neuro law. “It’s always good to have more sources of information about a suspect, but we also need to be careful.”
“A brain abnormality does not say anything about responsibility by default. You can have the same brain abnormality as a convicted criminal, but you are perfectly capable of controlling certain behaviour.”
‘My brain has done it’
The danger lurks that suspects will use brain scans to blame their brains. But the scientists at the Pieter Baan Center are not afraid to do so because they not only examine the brain, but also look at the behavior of suspects. Van de Kant: “Does the behavior match the abnormalities on the brain scan or is there another explanation for the behaviour?”
“In addition, we – as professionals – decide whether it is relevant to make a brain scan. You cannot simply force an MRI as a patient at the doctor. A suspect or lawyer cannot determine that themselves.”
Such an investigation can also work to the detriment of the suspect. “A while ago, for example, we were able to demonstrate with a brain scan and tests that there was no dementia in a suspect who claimed amnesia,” says Van de Kant.
Recently, PBC opened a special Neurodesk where psychiatrists and psychologists can go to do more brain research on suspects. With the results they can better advise judges about possible neurological disorders.