Forensic neurology: a distinct subspecialty at the intersection of neurology, neuroscience and law

Abstract

Neurological evidence is increasingly used in criminal cases to argue that a defendant is less responsible for their behaviour, is not competent to stand trial or should receive a reduced punishment for the crime. Unfortunately, neurologists are rarely involved in such cases despite having the expertise to help to inform these decisions in court. In this Perspective, we advocate for the development of ‘forensic neurology’, a subspecialty of neurology focused on using neurological clinical and scientific expertise to address legal questions for the criminal justice system. We review literature suggesting that the incidence of criminal behaviour is higher in people with certain neurological disorders than the general public and that undiagnosed neurological abnormalities are common in people who commit crimes. We discuss the need for forensic neurologists in criminal cases to provide an opinion on what neurological diagnoses are present, the resulting symptoms and ultimately whether the symptoms affect legal determinations such as criminal responsibility or competency. In this Perspective, the authors discuss the need for neurologists to assist in court cases involving criminal behaviour that was potentially influenced by a neurological disorder. The authors review evidence linking neurological disorders with criminal activity, and advocate for the development of forensic neurology as a subspecialty of the field.