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84 UMKC L. Rev. 411 (2015-2016)
Traumatic Brain Injury in Criminal Litigation

handle is hein.journals/umkc84 and id is 415 raw text is: TRAUMATIC BRAIN INJURY IN CRIMINAL LITIGATION Stacey Wood, PhD and Bhushan S. Agharkar, M.D.* Traumatic brain injury (TBI) is a highly prevalent cause of neurocognitive disorders resulting in approximately 2.5 million emergency department visits per year.' As a result, the prevalence rate of traumatic brain injury is remarkably high among criminal defendants as derived from studies of individuals in prisons and jails. The Center for Disease Control (CDC) estimated that twenty-five to eighty-seven percent of individuals in jail and prison report having experienced a TBI. In this review we discuss common referral questions involving individuals with a history of TBI in criminal litigation. We cover competency to proceed, mental state defenses, and mitigation in capital and non-capital cases. I. OVERVIEW Traumatic brain injury (TBI) is a highly prevalent cause of neurocognitive disorders resulting in approximately 2.5 million emergency department visits per year.2 Every day approximately 138 people die as a result of TBI related causes in the U.S.' However, most individuals survive traumatic brain injury, which can result in temporary or permanent impairments in emotional and cognitive functioning.4 The purpose of this article is to discuss the implications of brain-injury for criminal litigation. We will begin with an overview of the prevalence and general impact of traumatic brain injury and then discuss traumatic brain injury in relationship to specific legal questions that commonly arise in criminal litigation. II. PREVALENCE AND IMPLICATIONS In general, according to the Center for Disease Control, total combined rates for traumatic brain injury (TBI)-related emergency department (ED) visits, hospitalizations, and deaths have increased over the past decade despite progress * Professor Stacey Wood is a clinical neuropsychologist and Professor of Psychology at Scripps College, in Claremont, California. Bhushan S. Agharkar, M.D., is in private practice in Atlanta, GA, on the clinical faculty at Emory and Morehouse Schools of Medicine, and is a Fellow of the American Psychiatric Association. His email is agharkarmd@gmail.com and telephone is 404.939.6636. 'Basic Information about Traumatic Brain Injury and Concussion, CTRS. FOR DISEASE CONTROL AND PREVENTION, http://www.cdc.gov/traumaticbraininjury/basics.html (last visited Sept. 17, 2015). 2 Id. Traumatic Brain Injury in the United States: Fact Sheet, CTRS. FOR DISEASE CONTROL AND PREVENTION, http://www.cdc.gov/traumaticbraininjury/get-the facts.html (last visited Sept. 17, 2015). 4 Id.