Tag Archives: behavior
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:
- 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