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Summary: Pregnancy And Accountability

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Although neuroscience and the law still don’t always agree on how to apply a diminished capacity defense in individuals whose behavior was directly influenced by chronic and severe symptoms of TBI, the criminal justice system does seem to be moving in that direction. In each case that is presents before a court of law, the closer the justice system becomes at defining the important legal questions that identify culpability, responsibility, intent, and the probability of future recidivism for defendants living with a TBI (Mobbs et. al., 2007). Luckily, neuroimaging is more frequently being used as forensic evidence to objectively demonstrate a diminished capacity of defendants with TBI, particularly when it comes to mens rea – or the lack thereof…show more content…
In theory, such injuries can add further prove to the defensive claim that a defendant should not be held fully accountable or liable for their actions at the time in which the crime in question took place. As Ederseim et. al. (2012) mentions, “while the balance of scientific opinion in this area urges extreme caution when attempting to apply these nascent imaging findings to legal settings, many lawyers and scientific experts have already framed these findings in legal terms in order to argue for diminished criminal responsibility” (p. 167). Regrettably, the majority of court cases where brain injury or damage is presented as evidence of diminished capacity are often not well-received, despite mounting evidence that TBIs contribute to the risk factors for crime, as well as impaired social and cognitive…show more content…
judges will easily accept the concept of diminished capacity resulting from a TBI. “From this standpoint, the exciting discoveries of neuroscience resonate far beyond mere philosophical banter and may have important implications for the way government institutions, including education and legal systems operate” (Mobbs, et. al., 2007, p. 693). However, as the literature on the cognitive dysfunctions of TBIs grows, there is bound to be a diminished capacity case that recognizes the importance of a TBI on criminal behavior. Once a criminal case has been firmly established this defense within the judicial court system, more jurisdictions will like follow suit in the same manner as the regulation change for both treating and preventing TBIs in educational, recreational, and professional sport
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