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22. Science & school text Bart Smout photography Getty Images Univers 7 februari 2013 Mad or bad the choice between prison and a mental home To what extent can Norwegian mass murderer Anders Breivik be held accountable for his actions? And what about James Holmes, the guy who killed twelve people in an American movie theater? That’s hard to say within the confines of the Dutch legal system, since it hasn’t established a legal underpinning of the concept of ‘an unsound mind’. And that’s not very smart, says Gerben Meynen, who holds an endowed professorship in Forensic Psychiatry. On 20 July 2012, James Holmes walked into a movie theater in Aurora, Colorado, while it was premiering the latest Batman movie. He opened fire on the moviegoers and killed twelve of them. Witnesses say that Holmes had dyed his hair orange and called himself the Joker, after the villain in the Batman movie. There is no doubt that Mr. Holmes has mental issues, but does that automatically mean that he cannot be held legally accountable? Meynen expounded on this particular problem in his inaugural speech Mad or Bad? On the boundaries of psychiatry. In it, he cited article 39 of the Dutch Criminal Code, which deals with accountability. It states that in cases where the criminal act is proven but the offender cannot be held responsible for his or her act due to a mental defect or disorder, the offender will not be considered punishable. According to the professor, this article simply acknowledges that someone of unsound mind sometimes can be considered not punishable. However, it doesn’t give a clue on how to determine if someone is truly of unsound mind. “In that sense, the Dutch legal system doesn’t provide an underpinning for the concept of accountability”, Meynen says. In practice, the upshot is that judges in our country depend on the opinion of psychiatrists, which erodes the boundaries between the medical sphere and the legal sphere. According to Meynen, the current situation is not desirable. He therefore proposes for a Dutch legal underpinning to be called into existence. That way, it will be perfectly clear how a judge can establish if and when a defendant is of unsound mind. That, in turn, would probably prevent a lot of turmoil in the media. But how does one devise such a legal underpinning? Meynen presented three options in his inaugural speech. Take a look across the border Some countries have included a legal underpinning of accountability in their criminal codes. Meynen asserts it couldn’t hurt to take a good look at these examples. A couple of these countries have made use of the M’Naghten Rule, based on a landmark case against Daniel M’Naghten in 1843. M’Naghten was a British maniac who wanted to kill the Tory Prime Minister, Sir Robert Peel. He was convinced his political party was out to get him. However, he then accidentally shot Peel’s secretary in the head. Daniel M’Naghten was acquitted, since his judges believed he was out of his mind while he committed the crime. A fit of insanity, so to say. Some countries add an element of control to the M’Naghten rule. “That applies to cases in which the defendant knew what he was doing, but didn’t really have any control over James 'Joker' Holmes his actions - for example, when a voice in his head told him to do something. In such cases, the defendant cannot be held accountable”, Meynen says. “This point of view has been laid down in the Model Penal Code.” What does philosophy say? And in particular, the philosophy of ethics, which focuses on moral dilemmas? That should certainly be a subject of closer inspection, Meynen says. Ethics has the advantage that both legal and medical students are acquainted with it. So, the ethical perspective could bring both together. And not just on an interdisciplinary basis, but also internationally. “Ethical instincts are shared among people who live far apart; they transcend borders”, Meynen states. The best possible outcome would be; a legal underpinning derived from a universal notion of accountability. Explore the boundaries of psychiatric knowledge How do mental disorders really affect our decision-making? Meynen declares that this field is relatively unexplored. “Why is it that some schizophrenic patients don’t feel the need to comply with the voices in their head, while in others, they immediately affect their behavior? Do we know how difficult it is for a kleptomaniac to never steal?” It’s those kinds of questions that we need to answer if we want to come up with a solid legal underpinning. But right now, we are lacking the necessary information. We just don’t know exactly why some people with a certain disorder make behavioral choices which lead to a crime, while others don’t. In that respect, Meynen expects much from two new academic fields: neuroethics and neurolaw. “I foresee that in the future, academics in these fields will tackle the concept of accountability, and they will further clarify the concept.” Gerben Meynen held his inaugural speech on Friday, 25 January in the Aula of the Cobbenhagen building.
Masterpiece Prevention state threatens privacy of citizens You’re probably in the habit of taking preventive measures in your day-to-day life. It’s unlikely you’ll hang around dark alleys at night or leave the front door wide open when you’re going on holiday. But, what happens when the state increasingly takes such preventive measures? In his PhD thesis, Rik Peeters shows how a disposition towards prevention has changed the role of the state, and points out its dangers. The film Minority Report paints the picture of a future in which murderers are arrested before they’ve actually committed the crime. We’re still far from that, but in his multidisciplinary thesis, combining Public Administration and Philosophy, Rik Peeters makes the case that, since the 1980s, the state has increasingly focused on prevention. Whether it concerns preventing terrorist attacks, recidivism or obesity, the adage ‘prevention is better than cure’ has been widely applied. The consequences are far-reaching, Rik Peeters states. “The justification for state interventions has shifted from a violation of the law or a specific case of health concerns, to expected future events and the notion that these can be averted.” The consequence is that the state increasingly infringes on citizens’ privacy. “Prevention tends towards a detailed, comprehensive intervention, executed as early as possible”, the researcher says. He describes this tendency as the expansive logic of prevention: Eureka! How to choose a course Choose a course that interests you, but also be realistic about future career prospects. That’s what Ton Wilthagen, professor of Social Law, recommends. It’s an age-old question: should you choose studying something you enjoy, or something with the best chance of a job? You won’t stick with a course that you don’t enjoy at all, that’s certain, Ton Wilthagen says. But whatever you choose to study, you can always direct your attention to the job sector with the most potential. “You can, for example, focus on health care when you’re carrying out your work placement or thesis, even when you’re in a legal or economics course”, he says. “Focus on growth sectors, that will benefit you both scientifically and personally.” Let data flow The internet has made data available around the world. Yet, the international flow of data is often tied to national regulations. And that’s not necessarily a good thing, PhD student Christopher Kuner says. Too much focus has been put on data protection, and, as a result, the advantages of data flow across the world have been overlooked, he says. According to Christopher Kuner, worldwide data flow is crucial to many fundamental rights and offer economic advantages. That’s why we need a more coherent legal system, which regulates the transfer of personal details across borders. Let it flow, let it flow, let it flow! Don’t reread, don’t highlight Have you been busy cramming for midterms? Endlessly reread lengthy texts and highlighted important sentences? You really shouldn’t have. A recent psychology study has shown that highlighting and rereading texts are the least effective ways to study. Meanwhile, these are also the most common study met hods. A team the more the state aims to prevent, the more it is compelled to monitor society. In short: Big Brother is watching you. The prevention state lacks transparent regulations, according to Rik Peeters. “Specifically, the prevention state is extremely susceptible to arbitrariness, since there is no clear justification for intervention.” The boundaries of what necessitates early intervention are unclear, which paves the way to abuse. Rik Peeters believes the scientific community plays an important part in monitoring the boundaries of the prevention state. Academic institutions should keep a critical eye on the preventive measures taken by the state. In any case; the total expulsion of risks is doomed to failure, according Rik Peeters. At the end of the day, prevention is nothing but an illusory remedy, albeit a therapeutic one. Rik Peeters, The Preventive Gaze. How Prevention Transforms Our Understanding of the State, Eleven International Publishing, 2013. of researchers has examined the effectiveness of ten different ways of studying. Rereading and highlighting is not the best way to retain information. But, what does work? Answering practice questions and dividing your study activities over an extended period – don’t try to cram in all you need to know in two days. The article about this study is published in the January issue of Psychological Science in the Public Interest. Science & School .23 text Bart Smout & Esra van der Wolk Scientists should monitor the prevention state Coloring books is good for kids, not for studying Univers 7 februari 2013
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