Executive function refers to a set of higher-order, complex cognitive processes that guide and coordinate a host of a vital daily functions. Some of these functions include engaging in appropriate and prosocial behaviors, managing impulses and staying on task, and goal achievement, to name a few. When deficits arise in the area of executive function, several problematic outcomes may result. One area of concern is the fact that executive functioning deficits are sometimes associated with criminal offending behaviors. Because executive functioning impairments are common among persons who engage in criminal behavior, professionals working in the criminal justice system can benefit from becoming informed on executive function.
Foundational Information
Executive function is a multidimensional construct that plays a role in most aspects of daily life. Executive function encompasses several neurocognitive factors, leading some scholars to call it the chief executive officer (CEO) of the brain. The most discussed components of executive function found in the peer-reviewed literature include cognitive flexibility, inhibition, and working memory.
- Cognitive flexibility is the ability to engage in flexible and adaptive behaviors and thinking. This ability plays a critical role in one’s ability to adjust to change. Executive dysfunction associated with cognitive flexibility can contribute to inflexible thinking, rigidity, and perseverative behaviors.
- Inhibition has been referred to as the brain’s internal parking brake and pause button. Inhibition is the ability to self‐regulate, control, suppress, and monitor one’s actions, behaviors, emotions, thoughts, impulses, and attention in order to achieve a desired outcome or goal. Impaired inhibition can lead to a host of consequences, including a reduced ability to detect and correct errors; decreased impulse control; and an increased risk of engaging in careless, concerning, and problematic behaviors.
- Working memory is the cognitive ability to retain pieces of information in one’s mind for a temporary period of time to use in the completion of a task. This ability is foundational for several other skills including planning and organization, decision-making, problem-solving, and following long and complex directions.
Other components of executive function include abstract reasoning, attentional control, metacognition, self-control, focused attention, hypothesis generation, organization, self- or social monitoring, strategic goal planning, task initiation and completion, and time management among others. Executive functioning capabilities play a role in moral decision-making and judgments, as well as in in social communication and language abilities.
Important Functions
Executive functioning capabilities play a crucial role in everyday behaviors (e.g., social, practical, and conceptual skills and abilities), including the following:
- memory encoding and retrieval
- orienting attention
- emotion regulation and self-control
- staying on task and achieving one’s goals
- one’s ability to stay in accordance with rules and engaging in prosocial behaviors
- one’s ability to engage in purposeful behaviors
- overall health and wellbeing
- decision-making and problem-solving abilities
- planning, organization, and time management
- abiding by the rules and laws of society
Red Flag Indicators, Contributing Factors, Deficits, and Limitations
Red flag indicators of executive functioning problems may include struggles with planning and organization; time management difficulties; difficulty adapting to changes and challenges; difficulty transitioning from one task to another; forgetfulness and other memory problems; impulsive behaviors; motivation issues; proneness to mood swings, outbursts, and tantrums; extreme impatience; socially awkward or inappropriate behaviors; and struggling to follow directions, to name a few.
Several factors and conditions can adversely impact executive functioning capabilities, including chronic pain or stress, extreme confusion, head injury, nutritional deficits, obesity, psychiatric issues, sleep problems and fatigue, social isolation, substance misuse, and past histories of trauma and other experiences of life adversity, among others. Executive functioning deficits are associated with several problematic social, behavioral, cognitive, and physical health outcomes and are common among persons diagnosed with neuropsychiatric, neurocognitive, neurodevelopmental, trauma- and stressor-related, and substance use and addictive disorders.
Criminal Justice Considerations
Interviewing persons with executive dysfunction issues can be a confusing, challenging, and complicated process. Interviewees may struggle to understand and cope with ambiguity, confusing, stressful, or nonroutine situations and to navigate the social world.
“Interviewing persons with executive dysfunction issues can be a confusing, challenging, and complicated process.”
Executive functioning deficits are commonly associated with problematic and maladaptive behaviors including criminality, violence, substance misuse, and reckless and dangerous behaviors. Research has found that executive dysfunction is common among persons diagnosed with anti-social personality disorder, conduct disorder, and various types of impulse control disorders. Executive functioning deficits are associated with disinhibition, impaired judgement and reasoning, self-control limitations, and a reduction in understanding consequences associated with one’s actions—all of which may increase the risk of criminal behavior.
Executive functioning deficits are common among persons who engage in domestic violence, child abuse, homicide, and other forms of hostile, violent, and anti-social behaviors. Witnesses who have experienced secondary trauma associated with the witnessed event may be more prone to suffering from executive dysfunction.
It is likely that criminal justice interviewers encounter suspects and witnesses impacted by executive dysfunction on a regular basis, and it’s important to recognize that such deficits may reduce the interviewees capacity to evaluate and understand various components of the interviewing process and may cause interviewees to exhibit the following behaviors or traits during interviews:
- Carelessness and recklessness
- Increased risk of suggestibility
- Increased risk of confabulation
- Emotional lability—e.g., anger control problems, rapid and exaggerated mood changes, extreme impatience, irritability, and uncontrollable crying and laughing.
When interviewing persons with executive functioning impairments, there are certain considerations that can be taken to improve the experience for the interviewee and ensure more accurate outcomes:
- Allow extra time for the interviewee to process and respond to questions.
- Try to ask only one question at a time.
- Consider that the interviewee’s chronological age may not align with their emotional, social, and behavioral age.
- Consider that the interviewee may struggle in situations that are stressful, upsetting, confusing, and overwhelming.
- Recognize that some interviewees may present as unemphatic and/or lack perspective taking abilities.
Interviewees with executive dysfunction may struggle with understanding the pros and cons of waiving Miranda rights and other key aspects of the criminal justice system; these impairments may play a role in some cases involving false confessions. Interviewees with executive dysfunction also may be more prone to make errors when responding to complex and confusing questions. An increased understanding of executive function among criminal justice interviewers may contribute to improved information gathering techniques during the interview process and help reduce potential instances of miscarriages of justice.
Conclusion
It is this author’s experience that few criminal justice professionals have advanced education and training in the area of executive function and its implications for interviewing suspects and witnesses. Part of this lack stems from the fact that few training and college-level programs offer specialized workshops and course work on the topic of executive function through a criminal justice interviewing lens. Criminal justice interviewers interested in advancing their awareness and understanding pertaining to the topic of executive function are encouraged to take the following steps:
- Review key journals on a regular basis to stay abreast of the latest peer-reviewed research on executive function and its implications for the criminal justice system.
- Obtain additional training related to topics associated with executive function and the criminal justice system as a regular part of ongoing continuing education.
- Consult with executive function experts and develop customized trainings for one’s organization or agency. 🛡
Please cite as
Jerrod Brown, “Interview Considerations – Executive Dysfunction: A Beginner’s Guide for Criminal Justice Professionals,” Police Chief Online, March 29, 2023.
