The ability ‘to think through the decision non-impulsively’ may only become evident in real-world decision-making where presence of a stimulus, setting or environmental cue prevents the subjects from deliberating or deploying their knowledge in practice. Thus, this ability is somewhat unique in that one needs to have reliable information about P’s behavior outside the interview itself.
Inability example quote from court practice:
The frontal lobe damage…means that a person such as [P] works on impulse. If the frontal lobe is disengaged from the decision-making process the decision is not thought out
Link to MCA criteria in court practice:
In court judgments, this rationale is most commonly linked to the MCA Criterion Use or Weigh and we suggest that this is the most appropriate link.
See here for more discussion of the court practice, and here for more discussion of our recommendations.