THE USEFULNESS of neuropsychological assessments to the legal professional is manifold. Many people think of neuropsychological assessments only as cognitive (IQ) testing. Others may think of using these assessments when determining psychological damages in litigation. However, both criminal law and family court practitioners can find that neuropsychological assessments are a valuable tool that can help determine many more issues than is commonly thought.
In criminal law the use of cognitive testing to determine capacity is well known. Few, however, realise that in cases where consent is an issue, assessing not only alleged perpetrators but also alleged victims gives valuable information.
Similarly, there are other conditions besides IQ that can be used as mitigating factors or may negate capacity altogether. For instance, people with autistic spectrum disorders (ASD) function at a markedly disadvantaged level in all matters requiring communication and negotiation, or where behaviours can be misinterpreted. Thus, determining whether a party to proceeding has an ASD diagnosis can change a case’soutcome.
In family law cognitive testing is used to determine whether individuals require help with their roles and how best to offer it. However, another aspect of neuropsychological assessments can also offer significant possibilities: personality testing – or profiling as it’s colloquially known – can help determine whether individuals are likely to change if given help. It is as if cognitive testing determines the “can they?”, while personality testing gives a good indicator of “will they?”
In short, if your clients are likely to benefit from finding whether they differ significantly from their peers (an expectation at the heart of the law), neuropsychological assessments can give many possible answers to the question.