About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

44 Nova L. Rev. 403 (2019-2020)
The Criminally Damaged Brain and the Need to Expand Mental Health Courts: A Look at the Traumatized Mind, Unfortunate Criminal Consequences, and the Divergent Paths of Prison Or Treatment

handle is hein.journals/novalr44 and id is 445 raw text is: THE CRIMINALLY DAMAGED BRAIN AND THE NEED TO EXPAND MENTAL HEALTH COURTS: A LOOK AT THE TRAUMATIZED MIND, UNFORTUNATE CRIMINAL CONSEQUENCES, AND THE DIVERGENT PATHS OF PRISON OR TREATMENT ADAM R. WAGNER I. INTRODUCTION ............................................. 404 II. CASE STUDIES: BROKEN MINDS AND WHAT CHANGES MAY COME408 A. Phineas Gage ....................................... 408 B. DavidAlfonso ............................... 409 C. Chris Ayres................................. 410 D. Aaron Hernandez ............................. 411 III. NEUROLOGICAL CONSEQUENCES OF BRAIN DAMAGE................... 412 A. Frontal Lobe Damage .................. ........ 413 B. Mild TBI............................... 415 C. Moderate TBI...................... ......... 416 D. Severe TBI........................... ....... 416 E. Penetrating TBI................. .............416 F. Diagnosis and Treatment of TBIs. ..................417 IV. CTE: A DIFFERENT TYPE OF TBI....... ...................418 V. CRIMINAL INTENT AND INSANITY DEFENSES............421 A. M'Naghten Insanity Test ........................423 B. Irresistible Impulse Test.................424 C. Model Penal Code Test ................................ 425 D. Insanity Defense Reform Act.............................. 425 VI. THE DAMAGED BRAIN AND CRIMINAL CULPABILITY.................... 426 VII. POTENTIAL EIGHTH AMENDMENT AVENUE FOR BRAIN DAMAGED DEFENDANTS .......................................... 427 A. Atkins v. Virginia ..................................... 428 * Adam R. Wagner, J.D., graduated magna cum laude from Nova Southeastern University, Shepard Broad College of Law in May 2019, with a concentration in Health Law. He is currently working towards his LL.M. in Health Law at Loyola University Chicago School of Law and holds bar admission in the State of Florida. He would like to thank Professors Marilyn Uzdavines and Gerald Morris for their inspiration, ideas, and commentary in developing this Article. Without their feedback, this Article would be little more than a faint shadow of the composition it has become. He further thanks Professor Uzdavines, as well as Professor Jani Maurer for their advice and guidance throughout his time in law school and as he embarks on his career in health law. To Mayda Nahhas and Hunter Sundberg, he sends his sincerest gratitude for their unwavering support throughout law school and beyond. Finally, he would like to thank his family for their encouragement and for always standing by him.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most