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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.

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