Latest Concussion Litigation Reporter Features Story on Repetitive Head Trauma and Its Criminal Law Applications

The latest Concussion Litigation Reporter features ten stories, including one that looks at the viability of repetitive head trauma as a defense for criminal actions.

Mitchell Berman, a professor and expert in criminal law at the University of Texas at Austin, said it is important to differentiate whether a history of concussion could serve as a ground for exculpation (i.e., acquittal), or a basis for mitigation of punishment.

“Take the ‘affluenza defense’ raised in the recent Texas vehicular homicide case,” he told Concussion Litigation Reporter.  “In that case, ‘affluenza’ wasn’t really advanced as a defense, strictly speaking.  That is, it was not advanced as a ground for acquittal.  Instead, it was advanced to support a mitigated sentence.  Similarly, I think it more plausible to envision a defendant raising the fact that he has suffered concussions as mitigation, and not as a true defense—i.e., not as a basis to support an acquittal.”

Professor Berman goes on to elaborate on this area of law in the article.The full Table of Contents follows below:



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