TRAUMATIC BRAIN INJURY
DeKosky, S., Ikonomovic, M., & Gandy, S. (2010). Traumatic brain injury: football, warfare, and long-term effects. Minnesota Medicine, 93(12), 46-47.
Public awareness of the consequences of traumatic brain injury caused by participation in sports, vehicular crashes, and modern warfare has increased in recent years. This article describes what is currently understood about the pathogenesis of traumatic brain injury and goals for research that could lead to better understanding.
Anthony E. Giardino
More than 1.5 million Americans have participated in combat operations in Iraq and Afghanistan over the past seven years. Some of these veterans have subsequently committed capital crimes and found themselves in our nation’s criminal justice system. This Essay argues that combat veterans suffering from post-traumatic stress disorder or traumatic brain injury at the time of their offenses should not be subject to the death penalty. Offering mitigating evidence regarding military training, post-traumatic stress disorder, and traumatic brain injury presents one means that combat veterans may use to argue for their lives during the sentencing phase of their trials. Alternatively, Atkins v. Virginia and Roper v. Simmons offer a framework for establishing a legislatively or judicially created categorical exclusion for these offenders, exempting them from the death penalty as a matter of law. By understanding how combat service and service-related injuries affect the personal culpability of these offenders, the legal system can avoid the consequences of sentencing to death America's mentally wounded warriors, ensuring that only the worst offenders are subject to the ultimate punishment.