A mitigating factor in sentencing
TBI is perhaps most pertinent to sentencing, especially in capital cases. Because the death penalty is on the line, psychiatrists will often be asked for their clinical opinions. Lockett v. Ohio11 secured that any mitigating factors can be admitted during the sentencing phase of a capital case. In fact, it is widely recognized that substance abuse and TBI are potentially independent mitigating factors.9
Treatability and rehabilitative potential may also be mitigating. Communicating the potential for treatment to the court can be an undeniable mitigating factor for a TBI patient who has committed violent acts. Cognitive rehabilitation, psychopharmacology, and psychotherapy (individual and family) can be effective treatment options.
Related resources
- Centers for Disease Control and Prevention: Epidemiology of Traumatic Brain Injury in the United States.
- Reynolds CR, ed. Detection of Malingering during Head Injury Litigation. New York: Plenum Press, 1998.
- Murrey G, ed. The Forensic Evaluation of Traumatic Brain Injury: A Handbook for Clinicians and Attorneys. Atlanta, Ga: CDC Press, 2000.