Criminal Behaviour After Brain Injury: nearly four... - Headway

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Criminal Behaviour After Brain Injury

CrookedNuts profile image
6 Replies

nearly four years ago I suffered a fractured skull leading to a contusion on my frontal lobe. I've been in treatment for a year now, to counter some of the effects it left me with. (It went unnoticed for the best part of three years because it happened while I was travelling abroad.)

In the course of the last year, I went from never having seen the inside of a jail cell, to being arrested three times. I have a court case on Friday.

I'd just like to know if anyone else has experience with an increase in reckless, dangerous, or potentially criminal behaviour as a result of a traumatic brain injury?

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BubbyBear profile image
BubbyBear

**Disclaimer - the following reply is based only on anecdotal information and personal opinion.**

I would speculate that your experience is probably common, esp with a frontal lobe injury, but because so many issues come up th head injuries, most people don't make the connection. My friend's husband had a tree fall on him causing a multitude of bodily injuries along with a massive head injury and he went from a dedicated family man to a cheating, physically / mentally abusive alcoholic and deadbeat dad (he was prone to drinking prior to their marriage). My experience left me with the usual anxiety/ depression and for a time, alot of anger which I still act on occasionally, but has gotten better as I have.

1) Our entire chemistry is affected.

2) We are forced to try and heal while also trying to maintain our responsibilities and obligations during a time when just surviving in our own skin is a major accomplishment. Most are fighting to hold on to some semblance of themselves that they recognize, much less maintain their role as caregiver, provider, student, or employee.

3) Many of us also suffer at the hands of inadequate / improper medical diagnoses due to financial and systemic limitations. We are told that our symptoms aren't related, are pre-existing, or a product of anxiety and depression that we need to get over rather than the cause of.

I would recommend seeking some occupational or psychiatric therapy to help you recognize when you are acting on risky behavior. You are obviously aware of your issue, so you should be emotionally capable of changing it with help. Good luck!

cat3 profile image
cat3

Your case might be mitigated with representation by a solicitor together with documented evidence of your brain injury. Loss of inhibition is a common after-effect of brain damage, resulting in behaviour which can be totally out of character and sometimes reckless.

Sadly, the fall-out from brain injury is only fully recognised within the survivor community and its neuro medical professionals so, unless you have documented or verbal proof from a medical source who've dealt with your injuries, it'll be down to chance whether the magistrate has any understanding of the adverse and long-term effects of brain trauma.

I personally lost a high degree of inhibition which my family found strange and disturbing at first, but over the years I've managed to reign it in to an acceptable level. Getting help to control it might be a good move once your case is settled.

Are you in the UK ? …...Cat.

Pairofboots profile image
Pairofboots

You don't say what the charge is, I I don't expect you to.

I can only comment from experience of forensic RN(MH) retired.

It does depend on the severity of the charge, your defence solicitor should prepare a defence and this may well involve a medical report, a psychiatric report or both.

The case may be adjourned if you allege diminished responsibility on ground of your injury, as the court will order further psychiatric reports by an approved independent psychiatrist.

If that concurs with your defence reports, then this may be grounds for mitigation.

Dependent on the severity of the charge, assuming you are found to be fit to plea, and that your plea was guilty on the grounds of diminished responsibility. Then sentencing will take that into consideration.

If the independent psychiatrist does not concur with your defence reports, then it will be down to the prosecution to prove beyond a reasonable doubt that your injury had no bearing on the charge. If found guilty in these circumstances, there will not be any mitigation, and sentence will be passed accordingly.

The independent psychiatrist may find that you are not fit to stand trial at this stage and that you should receive treatment until fit. This could be in a community setting by court order, or if baile is not available due to the charge then they may place a treatment order under the Mental Health Act.

The independent psychiatrist may suggest that you will never be fit for trial. Under these circumstances then further reports maybe ordered based around the risk of you re-offending. This will then determine how the court proceeds.

You really need to discuss this with your legal team, family, and your neuro team.

I can't advice you on what is the best way to proceed, only say how the system works.

Unfortunately due to my own BI, I tend to be very matter of fact, and this might worry you more than necessary. Sorry I don't intend to add to what is already a stressful time for you.

sospan profile image
sospan

My daughter did two degrees side by side psychology and criminology. One piece of work she did showed that a significant number of people with a history of criminal behaviour had also received some form of head trauma. The head trauma may have resulted from an accident or from domestic abuse which also brings more anti social behaviour.

When the educational and social background to many criminals is reviewed there are often other "brain" related indicators - ADHD, Dyslexia, Dyspraxia, Aspergers etc. which affects peoples ability to not only read and write but also develop social and moral skills. This obviously affects peoples ability to get and hold down jobs and they eventually drift into increasing criminality to fund a certain lifestyle.

Quite often criminality is also down to a psychological facet, where a person may have a really good lifestyle but feels some need to steal or do "bad things"

There is a theory that Henry the 8th behaviour was down to the two head injuries he received in his 30's . When you look at his lifestyle, education etc. you can't say he was disadvantaged .....

RogerCMerriman profile image
RogerCMerriman

As others have said making poor choices/decisions is common! I did many and strange thing the first few years.

Most of the prison population has something so your not alone in that.

Annie-GBIA profile image
Annie-GBIA

Hi,

Sorry - I apologise in advance for the list of questions!

How did you get on in court?

Did you have a specialist solicitor with you?

You say that you are now receiving treatment - are you getting any specialised help for the changes in behaviour?

Depending on your answers and where you live I may be able to make some recommendations.

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