Incompetence in the Brain Injured Individual

Authors

D. Michael Bitz
Jean S. Bitz

First Page

205

Document Type

Comment

Abstract

We will initially address the historic acceptance of scientific propositions by the law as they relate to sanity. Insanity is one of the earliest forms of incompetence addressed by the criminal justice system. The current treatment of the courts with respect to head injuries will be presented. Following, there will be an explanation of the philosophical demand for an independent mens rea to sanction punishment. This will be tied to the relationship between head injuries and crime. Specifically, how a form of injury directly affects an individual's ability to make competent decisions while appearing outwardly normal. The legal implications of this form of incompetence will then be addressed by presenting a paradigm for managing persons with these abnormalities.

Recommended Citation

D. Michael Bitz & Jean S. Bitz, Incompetence in the Brain Injured Individual, 12 St. Thomas L. Rev. 205 (1999).
Available at: https://scholarship.stu.edu/stlr/vol12/iss1/8