The Spanish Legal Framework and the Neuropsychological Evaluation of Batterers
Abstract
Pedro V Mateo-Fernandez and Iria Osa-Subtil
This study examines the integration of neuropsychological assessment in the Spanish legal framework in cases of gender violence, analyzing its impact and potential to improve judicial decision-making. A comprehensive review of the evolution of Spanish legislation on gender violence is presented, highlighting the Organic Law 1/2004 as a fundamental milestone in the comprehensive approach to this problem. The paper explores the growing relevance of forensic neuropsychology in the legal field, addressing its potential to improve the assessment of the mental capacity of victims and aggressors, the understanding of the neurobiological mechanisms underlying violence, and the assessment of the risk of recidivism. Standard procedures in forensic neuropsychological assessment, including structured interviews, standardized testing, and neuroimaging techniques, as well as the impact of neuropsychological findings on judicial decisions, are discussed in detail. The study analyzes illustrative cases where neuropsychological assessments were applied in the context of gender-based violence, reflecting on their legal and forensic implications. Current challenges in the integration of neuropsychology and law are identified and examined, such as the lack of standardization in assessment protocols, the complexity of interpretation of results for non-specialized professionals, and the associated ethical considerations. Finally, opportunities for improving interdisciplinary collaboration are proposed and concrete recommendations are offered to optimize the integration of neuropsychology into the Spanish judicial system. These include the development of specialized training programs for legal professionals, the creation of standardized protocols for forensic neuropsychological assessment, and the promotion of applied research in this field. The study concludes by underlining the importance of a multidisciplinary approach in addressing gender-based violence and the potential of forensic neuropsychology to contribute to a more informed and effective judicial system.