Forensic Neuropsychology

What is Forensic Neuropsychology?

Neuropsychologists often utilize the applied analysis of brain-behavior relationships to answer specific questions within the law or disability communities. For example, a neuropsychologist might be involved in an analysis of limitations from a stroke to help a disability company determine whether the claimant is disabled from his particular career position. An attorney might engage a neuropsychologist to determine if the claimant’s head injury from an auto accident led to brain damage that decreased her functioning. A challenge to a will might require a neuropsychological autopsy to discover/develop evidence regarding testamentary capacity at the time of execution of the will. In the criminal courts, a neuropsychologist would be engaged to determine whether a defendant’s presentation of lacking competency to stand trial meets the legal requirements determined by the state.

Forensic Neuropsychology Services

Objective Assessment and Evaluation:

• Disability Evaluations – Assessing cognitive strengths and weaknesses to help determine limitations and restrictions concerning work.
• Litigation – Providing neuropsychological assessment and understanding of brain pathology to answer specific questions about, for example, the effects of traumatic brain injury (TBI), and to help determine what may be the cause of the findings.
• Intellectual Disability (formerly mental retardation) in Atkins Capital Cases: The diagnosis of intellectual disability (ID) lies at the heart of an Atkins case, where sentencing depends upon whether the defendant is diagnosable with ID.
• Miranda Waiver Capacity – This is a specific capacity analysis that benefits from neuropsychological assessment to help determine whether the defendant had the capacity to waive his Miranda rights.
• Testamentary Capacity/Undue Influence – Neuropsychological assessment (ante- or post-mortem) is used along with specific capacity analysis to determine if the testator had the capacity to make the disputed will, and whether undue influence was a factor if testamentary capacity was retained.
• Fitness for Duty Evaluation – Neuropsychological assessment is used to determine if the pathology has limited the individual from performing his or her former duties.
• Licensing Board Evaluations – Neuropsychological assessment is used to determine if the impaired professional has the cognitive abilities to return to work. This is a form of fitness for duty evaluation that provides evidence to the particular licensing board.
• Pilot and Air Traffic Control Evaluations – Neurocognitive and psychological assessment are used to determine whether there is impairment that would hamper safety of the airways.