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.
Since June 28, 2004
December 24, 2020 I See What Is Right and Approve, But I Do What Is Wrong : Psychopathy and Punishment in the Context of Racial Bias in the Age of Neuroimaging
The title of this post is the title of this new paper now available via SSRN authored by Alison Lynch and Michael L. Perlin. Here is its abstract:
Criminology research has devoted significant attention to individuals diagnosed either with antisocial personality disorder (ASPD) or psychopathy. While in the past, the two terms were used somewhat interchangeably, researchers today are starting to see that the two terms in fact represent two very different personality types and offending patterns. In this article, we examine this development from a legal perspective, considering what this might mean in terms of punishment for these two personality types based on the different characteristics they display in their actual offenses and their responses to punishment and rehabilitation. Specifically,