Cognitive neuroscience and criminal justice: The contribution of neuropsychology to the assessment of criminal responsibility

The article explores the still underutilized potential of forensic neuropsychology in the assessment of criminal responsibility within Italian legal proceedings. Unlike the civil and medico-legal contexts, where neuropsychological testing is widely adopted, the penal system continues to rely almost exclusively on clinical interviews, which are highly subjective and show low inter-rater reliability. Through the use of neuropsychological tests, neuroimaging techniques, and genetic data, experts can obtain more accurate and reliable information regarding a defendant’s capacity to understand and will at the time of the offense. These capacities may be impaired by neurological or psychiatric conditions, potentially diminishing or even nullifying an individual’s accountability for the crime committed. Furthermore, the neuroscientific approach allows for more effective detection of malingering, thereby reducing the risk of judicial errors. The article concludes by advocating for a broader application of neuropsychology in Italian criminal proceedings, highlighting how its use – already well established in countries such as the United States and Canada – could enhance the accuracy of forensic evaluations and contribute to more equitable outcomes in criminal trials.