TDAH y sistema de justicia penalun estudio desde la perspectiva del neuroderecho

Zusammenfassung

The disorder known as Attention Deficit Hyperactivity Disorder (ADHD) represents one of the most prevalent neurodevelopmental psychopathologies. Its notable association with the risk of involvement in criminality is remarkable, as the presence of symptoms is consistently linked to a twofold increase in the probability of arrest, over three times the likelihood of convictions, and nearly triple the duration of incarceration in both youth and adulthood. Meta-analytic studies provide compelling evidence of a correlation between psychopathology, low levels of self-control, and deviant behavior. The understanding of these foundations is not arduous; ADHD originates from the interaction of genetic and environmental influences, resulting in brain alterations that give rise to dysfunctions in a variety of neuropsychological domains. From this premise, the question arises as to whether this condition can influence the determination of criminal responsibility. Similarly, the impact on the individual throughout the course of the criminal process and the execution of custodial sentences is being investigated. These are precisely the questions that constitute the central axis of this study, which aims to provide a doctrinal analysis of ADHD and the Criminal Justice System, concluding with a critical view of the current normative and jurisprudential framework.