on. Discharge for criminal conviction was 2.7 times for mild TBI. It was concluded that patients with TBI should be monitored for the development of behavioral problems (Ommaya, Salazar, Dannenberg, Ommaya, Chervinsky, & Schwab, 1996, p. 972).
Criminal behavior that leads to conviction requires an unlawful act be committed, generally accompanied with a state of mind that makes the actor responsible for his actions. If mental capacity for knowing what is being done, is lacking, or if the actor is not able to know what they are doing is wrong, the insanity defence may be used. Structural brain integrity may determine the function of the brain and be a factor in the insanity defence which includes structural and functional brain problems such as seizures, dementia, and head injury (Diaz, 1995, p. 131).
Techniques that lead to confusion are employed by counsel to distract the court. For example, in the case of Loyd v Whitley, Loyd was charged with capital murder of a three-year-old he had kidnapped, raped, and murdered. Initially brain damage did not play a significant role in the crime, although it was noted that Loyd suffered from a minor head injury. Later testimony showed that Loyd had a family history of epilepsy and he suffered two head injuries, one on the day of the crime; tests suggested frontal lobe dysfunction. The court did not rule in favor of insanity since. However, since there was enough prejudice and misrepresentation involved, the writ of habeas corpus was issued so Loyd could be sentenced to life imprisonment or be retried (Diaz, p. 137).
TBI is a problem of young adults who are frequently involved in alcohol intake, drug use, and socially unacceptable behavior that precede the injury. Clinical profiles of the criminal personality demonstrate children are reared in an abusive household where deviant behavior is reinforced. The assaultive environment may lead to frequent and repeated trauma to the br...