Neurocriminology
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Neurocriminology Neurocriminology Forensic and Legal Applications, Public Policy Implications Diana M. Concannon CRC Press Taylor & Francis Group 6000 Broken Sound Parkway NW, Suite 300 Boca Raton, FL 33487-2742 © 2019 by Taylor & Francis Group, LLC CRC Press is an imprint of Taylor & Francis Group, an Informa business No claim to original U.S. Government works Printed on acid-free paper International Standard Book Number-13: 978-1-138-63280-6 (Hardback) This book contains information obtained from authentic and highly regarded sources. Reasonable efforts have been made to publish reliable data and information, but the author and publisher cannot assume responsibility for the validity of all materials or the consequences of their use. The authors and publishers have attempted to trace the copyright holders of all material reproduced in this publication and apologize to copyright holders if permission to publish in this form has not been obtained. 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Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. Library of Congress Cataloging-in-Publication Data Names: Concannon, Diana M., author. Title: Neurocriminology : forensic and legal applications, public policy implications / Diana Concannon. Description: Boca Raton, FL : CRC Press, [2019] | Includes bibliographical references and index. Identifiers: LCCN 2018018719| ISBN 9781138632806 (hardback : alk. paper) | ISBN 9781315208039 (ebook) Subjects: LCSH: Criminology—Government policy. | Criminology. | Forensic sciences. Classification: LCC HV6025 .C588 2019 | DDC 364.3—dc23 LC record available at https://lccn.loc.gov/2018018719 Visit the Taylor & Francis Web site at http://www.taylorandfrancis.com and the CRC Press Web site at http://www.crcpress.com Can brain scans be used to determine whether a person’s inclined toward criminality or violent behavior? You will rule on that. Then Senator Joseph Biden Supreme Court nomination hearing of John Roberts Contents Author xiii Introduction xv 1 Neurocriminology: How Did We Get Here? A Brief History of Criminology 1 Introduction 1 The Pre-Classical Period: The Devil Made Him (or Her) Do It 2 The 18th Century and the Classical School 2 The 19th Century: Phrenology, the Positivists, and Lombroso 5 The 20th Century: Mainstream Criminology, Critical Criminology, Left Realism, and Conservative Criminology 9 Mainstream Criminology 10 Control Theories 13 The 21st Century: Precursors to Neurocriminology 20 Key Terms 23 Use Your Brain 24 Test Your Knowledge 24 Apply Your Knowledge 25 Bibliography 26 2 Brain Basics: How Neurocriminology Is Possible 29 Introduction 29 The “Neuro” of Neurocriminology 34 The Structure and Functions of the Brain 38 The Cerebral Cortex 38 Occipital Lobes 39 Temporal Lobes 40 Parietal Lobes 40 Frontal Lobes 41 The Limbic System 42 Hypothalamus 42 Hippocampus 42 vii viii Contents Amygdala 43 Cingulate Cortex 43 Brodmann’s Areas 44 Common Causes of Brain Dysfunction 45 Tumor 45 Stroke 46 Trauma 47 Epilepsy 49 Neurocognitive Disorders 50 Psychotic and Mood Disorders 51 Personality Disorders 52 Substance Abuse 53 Key Terms 55 Use Your Brain 57 Test Your Knowledge 57 Think About It 59 Bibliography 59 3 Overview of Advances in Neuroimaging 63 Introduction 63 How Neuroimaging Works 65 Structural Neuroimaging Techniques 66 Computed Tomography/Computerized Axial Tomography 66 Magnetic Resonance Imaging 66 Functional Neuroimaging Techniques 67 Electroencephalography/Evoked Potentials and Magnetoencephalography/Magnetic Source Imaging 68 Functional Magnetic Resonance Imaging 70 Positron Emission Tomography 71 Single-Photon Emission Computerized Tomography 71 Strengths and Limitations of Neuroimaging 72 Reliability 73 Validity 73 Inferential Gaps 73 Causation 74 Group-to-Individual Problem 74 Key Terms 75 Use Your Brain 75 Test Your Knowledge 75 Apply Your Knowledge 76 Bibliography 77 Contents ix 4 Neurocriminology: Preliminary Applications 79 Introduction 79 Charles Joseph Whitman 80 Jack Ruby 82 John Hinckley, Jr. 83 Vincent Gigante 87 Key Terms 90 Use Your Brain 90 Test Your Knowledge 90 Apply Your Knowledge 91 Bibliography 92 5 Criminals in the Lab 93 Introduction 93 Murderers 94 Predatory versus Affective Murderers 95 Murderers with Severe Mental Illness 97 Adolescent Murderers 98 Non-Homicidal Offenders 98 Sexual Offenders 101 Rapists 101 Pedophiles 104 White-Collar Criminals 105 Criminal Subtype Conclusions 105 Key Terms 106 Use Your Brain 106 Test Your Knowledge 106 Apply Your Knowledge 108 Bibliography 108 6 Neurocriminology in the Criminal Justice System: Prevention and Investigation 111 Prevention: The Brain Can Change 112 Roper v. Simmons 114 Graham v. Florida 117 Miller v. Alabama 119 Prevention and Intervention 121 The Brain and Early-Onset Antisocial Behaviors 122 Prevention and Early Intervention Efforts 124 Drug Courts 125 x Contents The Brain and Drug Abuse 125 Preliminary Findings 126 Veterans Treatment Courts 130 Neurocriminology and Specialty Courts: Possibilities and Limitations 136 Neuroscience and Criminal Investigation 137 Witness Memory Recovery 144 Lie Detection 146 Key Terms 152 Use Your Brain 153 Test Your Knowledge 153 Apply Your Knowledge 154 Bibliography 155 7 Neurocriminology in the Criminal Justice System: Prosecution and Sentencing 159 Introduction 159 Competency to Stand Trial 160 Guilt 164 Sentence Mitigation 172 The Sentencing of Brian Dugan 176 State of Florida v. Grady L. Nelson 179 Ineffective Use of Counsel 180 Glenn Douglas Anderson v. Marty Sirmons 180 Key Terms 181 Use Your Brain 182 Test Your Knowledge 182 Apply Your Knowledge 183 Bibliography 183 8 Neuroscience and Law: International Applications 185 Introduction 185 England and Wales 186 Canada 187 The Netherlands 187 India 189 Italy 190 Use Your Brain 192 Test Your Knowledge 192 Apply Your Knowledge 193 Bibliography 194 Contents xi 9 Neurocriminology: Present Context and Possible Future 195 Bibliography 197 Index 199 Author Diana M. Concannon, PsyD, PCI, is currently Associate Provost for Strategic Initiatives and Partnerships; Dean, California School of Forensic Studies (CSFS); and Director, California Psychology Internship Consortium (CPIC) at Alliant International University, based in San Diego, California. Dr. Concannon has worked at Alliant since 2009 and overseen the estab- lishment and set the curriculum for six California-based PsyD programs in Clinical Forensic Psychology, a PhD program in Clinical Forensic Psychology, a PhD program in Psychology, Public Policy & Law, a blended master’s pro- gram in Applied Criminology, and an online master’s program in Applied Criminology. She has taught courses on Advanced Theories of Personality, Forensic Ethics, Foundational Concepts of Victimology I: Victimology Investigations, Victimology Intervention, and Understanding the DSM-5. She is presently developing new programs to advance the university’s mis- sion and goals, including a Master’s of Science Forensic Behavioral Science, a Master’s of Science Forensic Leadership and Administration, and several Advanced Practice Certificates to support emergency responders. She is a forensic psychologist, licensed to practice in California, New York, Utah, and Washington, DC; a Professional Certified Investigator by the American Society for Industrial Security; a Rape Escape Instructor; and a Loyola Law School trained Mediator. She is the author of Kidnapping: An Investigator’s Guide to Profiling (2008) and Kidnapping: An Investigator’s Guide, Second Edition (2013), both with Elsevier. xiii Introduction In December 2017, the brain of Stephen Paddock, the 64-year-old gun- man responsible for the deadliest mass shooting in U.S. history, was sent to Stanford University for study. The ongoing investigation had yet to reveal why Paddock checked into a Las Vegas hotel on October 1, 2017 and opened fire from his 32nd story room, killing 58 and wounding more than 500 of the 22,000 who attended the concert below. Connections to terrorism or another shooter were ruled out early. Involvement of Paddock’s girlfriend, who Paddock had sent to her native country prior to the attack, was also ruled out. Paddock report- edly had no criminal history, was a retired accountant, and was financially secure. He was a high-stakes poker player. Some interviewed after the event described him as having “a God complex.” He had rented hotel rooms above music venues in other localities, but the significance of this (if any) was unclear. He was able to purchase firearms without raising any red flags; in addition to the 23