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Medically Conscious but Legally Unconscious?

Conscious or Unconscious? Can someone be medically conscious but considered legally unconscious? What an interesting conundrum! According to the Oxford Dictionary, “unconsciousness is the state of being unconscious or the state of being uninformed or unaware” and “automatism is the performance of actions without conscious thought or intention, involuntary” (Oxford English Dictionary, 2021). Even in Read More...

Effect of Brain Damage on Personality

How can brain damage be used to create reasonable doubt? In 1990, a 40-year-old schoolteacher suddenly began using prostitutes and making inappropriate advances to his stepdaughter. The courts ordered him to go to Sexaholics Anonymous or go to prison. He failed the program because he kept asking people for sex. The hospital found a large Read More...

Delirium & Psychosis in the Hospitalized Patient

Delirium in criminal cases Hypothetically, there is a case where the defendant was injured in a car accident and being cared for the in the ICU. During his hospitalization, he demonstrates bizarre behavior and is diagnosed with a psychotic break. His behavior is presumed to be the cause of the accident and psychiatric care is Read More...

Traumatic Brain Injury or Mental Illness?

TBI and Mental Illness What if a defendant commits a crime because of being affected by either an acute brain injury or an acquired or inherited brain disease? This is called the “brain defense.” In criminal cases, defense attorneys are increasingly using clinical evidence of brain injury to either establish their client’s innocence or mitigate Read More...