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:
- Panel Finds ‘Common Issues,’ Orders Consolidation of Concussion Lawsuits Against NCAA
- NFHS Targeted in Mississippi Concussion Lawsuit
- Legal Strategy of Using Concussions as a Criminal Defense Could Surge
- New Guidelines Rule Out Same-Day Return to Play for Athletes with Concussion
- Third Circuit Reverses Lower Court, Finds for Coach in Concussion Case
- High School Soccer Player Sues Coach, School District After Coach’s Decision Leads to Second Concussion
- Head Injuries and Baseball
- Former NFL Star Quarterback Craig Morton Sues NFL, Claims League Ignored Concussion Risks to Players
- Once Arrested for Ambulance Chasing, Attorney Now Helps Players Sue NFL
- Concerns Raised Over Attorney Compensation in NFL Concussion Litigation Settlement