Since June 28, 2004
February 17, 2021 My Bewildering Brain Toils in Vain : Traumatic Brain Injury, the Criminal Trial Process, and the Case of Lisa Montgomery
The title of this post is the title of this new paper available via SSRN and authored by Alison Lynch, Michael L. Perlin and Heather Cucolo. Here is its abstract:
Individuals with traumatic brain injuries (TBI) have a greater risk of becoming justice-involved due to the role that many TBIs play in impulse control and judgment. Attorneys assigned to represent this cohort may not have encountered individuals with TBI before, and may not be familiar with behavioral manifestations that could be relevant as a defense or as mitigation in individual cases. In this regard, TBI is grossly misunderstood.