NCJ Number
42197
Journal
Case Western Reserve Law Review Volume: 27 Issue: 3 Dated: (SPRING 1977) Pages: 771-803
Date Published
1977
Length
33 pages
Annotation
NOTING THAT A LACK OF UNDERSTANDING HAS HAMPERED LAWYERS FORMULATING CRIMINAL DEFENSES FOR EPILEPTIC CLIENTS, THE AUTHOR EXAMINES PATHOLOGICAL ASPECTS OF EPILEPSY AND ANALYZES CRIMINAL DEFENSES FOR EPILEPTIC PERSONS.
Abstract
ALTHOUGH DOCTORS AT ONE TIME BELIEVED THAT THERE WAS A SIGNIFICANT RELATIONSHIP BETWEEN EPILEPSY AND VIOLENT CRIMINAL BEHAVIOR, THE CLEAR WEIGHT OF AUTHORITY IS NOW TO THE CONTRARY. HOWEVER, AS AN AFTERMATH OF A SEIZURE THE EPILEPTIC MAY EXPERIENCE A MENTAL DISTURBANCE RANGING FROM MILD CONFUSION TO COMPLETE UNCONSCIOUSNESS. IF AN EPILEPTIC ENGAGES IN CONDUCT CONSIDERED TO BE CRIMINAL DURING OR IMMEDIATELY AFTER A SEIZURE, HIS MENTAL CONDITION MAY BE AN EXCULPATORY CIRCUMSTANCE, IMPORTANT TO HIS DEFENSE. TO AID THE DEFENSE ATTORNEY, THIS NOTE FIRST OUTLINES THE GENERAL NATURE OF EPILEPSY AND DESCRIBES THE VARIOUS MANIFESTATIONS OF THIS CONDITION. THE AUTHOR NOTES THAT TO ESTABLISH AN EPILEPSY DEFENSE, IT MUST BE SHOWN BY MEDICAL EVIDENCE THAT THE DEFENDANT IS AN EPILEPTIC AND A CAUSAL CONNECTION MUST BE DEMONSTRATED BETWEEN THE EPILEPSY AND THE CRIMINAL CONDUCT. SUCH ALTERNATIVE DEFENSES AS THE INSANITY DEFENSE, THE DIMINISHED CAPACITY DEFENSE, AND THE INVOLUNTARY ACT DEFENSES ARE DISCUSSED. THE AUTHOR NOTES THAT IN FORMULATING A DEFENSE, SPECIAL ATTENTION MUST BE PAID TO THE APPROPRIATENESS, IN THE CASE OF THE INDIVIDUAL DEFENDANT, OF THE VERDICTS, PENALTIES, AND DISPOSITIONS PROVIDED UNDER EACH DEFENSE AVAILABLE. (AUTHOR ABSTRACT MODIFIED)...DMC