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08-Dec-2019 08:10

The effects of head trauma — increased aggression and violence, diminished judgment and understanding — cut across all of the minor distinctions between states that allow an affirmative defense based on mental impairment.

In short, some of the people with brain injuries who are living in America’s prisons probably wouldn’t be there if someone had bothered to diagnose them earlier.

advertisement If the fact that Hernandez’s brain was so damaged by his years playing football provides a partial explanation and a possible legal excuse for his actions, then we need to extend that to other people, especially our nation’s 2.2 million prisoners, in whom brain injuries are an extensive and unrecognized health problem.

Various correctional studies found that anywhere between 25 and 87 percent of inmates report having experienced a head injury.

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Four states — Idaho, Kansas, Montana, and Utah — have abolished the affirmative defense of mental defect, meaning defendants in those states don’t have the opportunity to introduce evidence of brain injuries or mental impairment to disprove their guilt.

There’s another reason why it’s important to know if incarcerated individuals have brain trauma.

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