COMMENT: Incompetence in the Brain Injured Individual Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 1999 St. Thomas Law Review
St. Thomas Law Review

COMMENT: Incompetence in the Brain Injured Individual

Fall, 1999

12 St. Thomas L. Rev. 205

Author

D. Michael Bitz, M.D. and Jean Seipp Bitz, M.D. *

Excerpt

I. INTRODUCTION

There are forms of incompetence that much like insanity, the legal system has been slow in recognizing. These forms may render individuals currently in the penal system incompetent. This impacts not only their ability to stand trial but also raises the issue of subsequent civil incapacitation. The purpose of this article is narrow, we are looking at a small group of physical factors that appears to influence the occurrence of criminal behavior. This comment will correlate the recent advances both technologically and in the understanding of neurological functions that have occurred in the field of medicine with current concepts and dogma which are present in the legal system. We are not attempting to evaluate all biological, sociological, or psychological factors that influence the occurrence of criminal activities.

Criminal law has been described as the expression of the moral sense of the community 2 and involves both an actus reus (the criminal act) and a mens rea (the criminal mind). Morality concerns the correctness or wrongness of an action and includes any distinctions between these categories as intended by the society that is making the determinations. In the realm of criminal law, society looks beyond the commission of a wrongful act and considers affirmative defenses of justification or excuse that may relieve an actor of his inherent responsibility for the wrongful action. 3 Justification for an action will negate the wrongfulness of the action, which has traditionally been viewed as being a crime, 4 for example a killing ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities