Thursday, September 24, 2009

TBI AND INCARCERATION

Traumatic brain injury (TBI), a form of acquired brain injury, occurs when a sudden trauma causes damage to the brain. TBI can result when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue. Symptoms of a TBI can be mild, moderate, or severe, depending on the extent of the damage to the brain. A person with a mild TBI may remain conscious or may experience a loss of consciousness for a few seconds or minutes. Other symptoms of mild TBI include headache, confusion, lightheadedness, dizziness, blurred vision or tired eyes, ringing in the ears, bad taste in the mouth, fatigue or lethargy, a change in sleep patterns, behavioral or mood changes, and trouble with memory, concentration, attention, or thinking. (http://www.ninds.nih.gov/disorders/tbi/tbi.htm)


Research has shown that there is an alarmingly high prevalence of inmates with TBI. According to an article we found on braininjury.org.au, “People with acquired brain injury remain the forgotten group in the criminal justice system. Indeed it seems that brain trauma is so common among the prison population that it is not considered outside the ordinary or subject to particular attention.” Some say that more thorough screening is necessary to ensure that inmates are incarcerated for the right reasons.


The opposing viewpoint is that since these individuals with TBI are more often than not involved in substance abuse, domestic violence, and other crimes that prison is the right place for them.


Do you think that Traumatic Brain Injury is sometimes the cause of incarceration? Why? Do you think different screening procedures should be instituted before incarceration?


Take a look at these articles for more information regarding this critical issue.


http://braininjury.org.au/portal/statistics/prison---our-best-treatment-for-acquired-brain-injury---fact-sheet.html


http://traumaticbraininjury.net/wordpress/?p=342

29 comments:

  1. I think that screening should be a MUST. It says in the first article that "male inmates 82.8% reported having one or more head injury in their lifetime. Assaults, automobile accidents and sports injuries were the major causes of TBI in this group." If assaults are a reason for this injuries or if growing up in abusive homes is another reason for an acquired TBI (as mentioned later in the article), then there is cause to believe that this individual has already had experience with violence prior to obtaining the TBI. If violent or deviant behavior was present before acquiring a TBI, then it is likely that the TBI just adds to an already existing problem behavior. However, if the behavior was exhibited directly after the TBI, and no interventions were implemented, then the individual may not be 100% at fault. I think that TBI can, in this case, be a cause of incarceration, and absolutely should not be. So, screening procedures should be mandated for sure before incarcerating a person that has suffered any kind of traumatic brain injury. At the same time, professionals should not disregard previous involvement in crime and attribute post TBI behaviors solely to the acquisition of the TBI.

    Again, screening is CRITICAL! Incarceration makes me sick, and especially capital punishment! Let us be aware of whom we are incarcerating and murdering, which I think are the same thing many times. All factors of a human being's decisions should be assessed through thorough screening processes!

    ReplyDelete
  2. TBI is a very serious brain injury that can occur, and unfortunately happen to anyone of us at any given moment. It is possible that many inmates are in correctional facilities based on their disability, which could be TBI, bipolar disorder, schizophrenia, ADD, ADHD, etc… It seems to be inhumane that we wouldn’t allow the inmates to have an adequate screening. I think that they should still be able to get the treatments done necessary to insure that they have good health and proper environment based on their specific needs. It is crucial that we give these inmates the proper treatment while they are in a correctional facility because the goal/hope is that when they are released they will be able to interact with society on an appropriate level, and leave the life of crime.

    It is difficult to have this perspective, because normally most people would say that they need to pay for their actions. In turn, I do agree that inmates need to pay for their inappropriate actions. However, while they are in correctional facilities they need to get the help they need in order to return back to society, and for individuals with disabilities (such as TBI) they may need a little more tender loving care then other inmates; such as proper screenings, understanding of their disabilities from the guards, and classes that can help them with their disability.

    ReplyDelete
  3. I had no idea that that many inmates had TBI. I figured that in general, people who are in jail/prison are there because they made poor choices with their lives. I hadn't even thought that they may have a brain injury due to accident or abuse that would cause damage to their brain interrupting the critical connections crucial to decision making.

    I believe that it is important for TBI screening in the penal system and that affective therapy should be offered so these people can get the help they need. This may lessen the frequency of repeat offenders if they receive therapeutic treatment in the first place.

    ReplyDelete
  4. I completely agree that the proper screening should be provided for all of the people entering the prison system. I personally had no idea that the rate of TBI individuals in the prisons was so high. That seems really extreme. I grew up in a small prison town (two prisons) at which many of my family members worked. I have not been the most sympathetic person as far as they are concerned because of all the stories I would hear about them while growing up. I knew some of their stories, meaning what they had done to be there but what I didn’t know was their background. I just thought to myself, yeah maybe they had rough lives while growing up but the idea of them having TBI never crossed my mind. Seeing it from this perspective is very interesting though. I do believe that the correct punishment for their actions is needed, however, for those with TBI; they also deserve the proper treatment and help. Providing the correct treatment and therapy is the humane or moral thing to do.

    ReplyDelete
  5. I was really surprised to read this information. I really had no idea that TBI was so prevalent in the prison system. I definitely think that there should be some kind of screening process in place to identity different needs of inmates.

    This screening could be crucial to the overall rehabilitation process. This is not to say however that, in my opinion, they do not deserve proper and fair punishment for their actions. People do not go to jail for TBI, they go to jail because of the decisions that they make. Every action comes with a consequence, whether it be good or bad we have to deal with those consequences.

    I absolutely think that those in jail, deserve proper and fair treatment. Identifying needs due to TBI through a screening process, I believe would be very beneficial.

    ReplyDelete
  6. I believe that Traumatic Brain Injury is sometimes the cause of incarceration because the effects of the injury to the brain, physically, mentally, and emotionally, change a person to where their (usually) violent actions are almost uncontrollable. They are a danger to themselves and to others and are still not excused from the law. But I also completely believe that correct screening procedures need to be incorporated in the incarceration process. The screening needs to take place to help determine how to best solve their inappropriate actions and to prevent them from doing it again. The prison/jail will not help the individual with TBI, and can sometimes make the situation and condition much worse, but in order for us to know, they have to be properly screened.

    ReplyDelete
  7. This seems like a very touchy issue. I think that there needs to be a very careful prodedure. I don't know if I buy the fact that 82% of the inmates had some kind of SEVERE brain injury that makes them exempt from prison consequences. Honestly, we probably all have some kind of brain injury that we've acquired through our life time, from sports, as a child, etc. And if you were put in prison, wouldn't you use any excuse to get back out? I don't want to sound unsympathetic, however. I do think that it is totally wrong if a person who has a severe brain injury and is honestly incapable of making decisions and understanding the consequences is locked away with all the other inmates.
    However, I think that if a person with TBI commits a crime, they do need some kind of consequence-we can't let someone who is guilty of manslaughter just walk the streets, no matter how incapacitated they are. But they also need counseling and all the help they can get. I do think that there needs to be careful screening procedures. Someone who honestly is incapable shouldn't be in a typical prison setting; but we also shouldn't let that be an excuse that anyone can use. There needs to be careful and valid testing and screening prodeures.

    ReplyDelete
  8. In reviewing the information given, this topic has brought up some interesting concepts. It was stated that some symptoms of TBI “include headache, confusion, lightheadedness, dizziness, blurred vision or tired eyes, ringing in the ears, bad taste in mouth…behavioral or mood changes, and trouble with memory, concentration, attention, or thinking.” When considering these things, it seems that TBI would create a difficult lifestyle. I would go as far to say perhaps, in some situations, the individual is not accountable for their actions. Still, there are other cases that may not suggest this. Screening should take place because each situation is unique and therefore, each punishment should also be unique to that situation. The acts of substance abuse, domestic violence, and other crimes are not acceptable but incarcerating a person who is not accountable also does not seem like the right answer. In my mind, it would be ideal to help those who have suffered from TBI with the services and support needed in order to live a happy and productive life and lifestyle. In the ideal world, these crimes would not be an issue if the needed support was given to those who suffer from TBI. Of course, we are not in an ideal world and people have their agency. Therefore, screening seems like the right answer. Of course then a great amount of work and effort would also have to take place in determining what severity and situation allow for incarceration.

    ReplyDelete
  9. Speaking as someone who works with several individuals with disabilities that cause increased aggression, I definitely think that there should be increased screening for individuals with TBI. When you break it down, individuals with TBI qualify for special educational services and IEPs. They have a legitimate and verifiable disability that impairs their ability to think and act appropriately. It does not make sense that these individuals would be treated any differently than any other individual who had a disability that often manifests itself in violent behaviors, such as Emotional or Behavioral Disturbance or Autism. It seems illogical and prejudiced to penalize individuals with TBI especially when the disability is known to increase the likely hood that they will become violent. I think that this is just another case of society at large failing to understand individuals with disabilities. It seems as though it’s not any different than 100 years ago when all individuals with severe disabilities were thrown in jail or asylums. I think that there is a great call for greater education and understanding among law enforcement and the judicial system about disabilities, as especially TBI. With that being said, that does not mean that there shouldn’t be consequences for individuals with TBI who break the law. However, I do think that accommodations should be made to ensure that true justice is served with regard to their disability.

    Carrie Eichelberger

    ReplyDelete
  10. I was unaware that the statistics for TBI in prisons and jails were so high. I think that perhaps the reason that the correlation is so high could be based on a lot of other causes. Do we know that those who are incarcerated are not more susceptible to receiving a TBI while actually in the prison? Or if those who are involved in acts of violence and crime are more likely to receive serious injuries because of the situations they put themselves in? I think there are countless factors accounting for this statistic. I do, however, believe that regardless of these factors the correct screening processes should be given to every individual, because i think that is considered justice. I agree that this screening is necessary to ensure that needed help is given to those who do have TBIs because the goal is to help them become a functioning part of society.

    Lauren Stevenson

    ReplyDelete
  11. This was a very cool article to read. I myself did not know how many inmates fell victim to TBI, and I fully agree that screening should be more intense. The fact that an inmate has TBI does not give them a "free pass" to do whatever they want, but if not accommodated for the inmate might not be totally at fault. I agree with Delaney's point that she brought up about how student's with TBI recieve special ed services because the TBI inhibits their ability to learn, and adults with TBI deserve that same service. In the article it talked about TBI's ability to make a person "loose the skills to provide a calm and logical response to a situation that they perceive to be unjust or threatening." Would that person still commit an illegal crime without the results and side effects of TBI? It really makes me wonder how many inmates would be out of prison and in a place that is helping them cope with this disability if better screened before convicted. More intense and extensive screening seems like the logical answer instead of just putting away a person for committing a crime that they may not be fully guilty of.

    ReplyDelete
  12. This article was very interesting. I had no idea that 82% of male prisoners have had a brain injury at least once in their lifetime. I was very interested in the story of the man who started having violent and criminal behavior after he had a brain injury, but had no history of it before his brain injury. My friends brother had the same type of story. It was like he became a completely different person after his brain injury.
    As far as the issue of screening goes, I think that all prisoners who are, or are coming into the prisons should receive screening on multiple levels. Many of these prisoners have underlying problems and disorders that they may not know about. By understanding some of the factors that have lead them to make these decisions, they will begin to understand themselves, and perhaps have the desire to focus on what triggers this behavior, and overcome it to the best of their abilities.
    I do not, however, believe that the prisoners who have TBI and have committed serious crimes, should just be diagnosed, and let off the hook. For every action, there is a consequence, and until these inmates have changed, it is not safe for them to be on the streets.

    ReplyDelete
  13. From the drastic statistics showing that 95 percent of death row inmates have some form of TBI, it is clear that screening should play a bigger, more routine role in the legal procedures that occur before a person is incarcerated. While it is difficult to determine now whether many of these inmates incurred TBI before committing the crime or once they were put in jail, a greater emphasis on screening will help us to determine the difference. Not only could we use more screening methods prior to conviction, but testing victims of serious accidents that could have caused TBI and prescribing therapy in the hospital is an important preventative measure to take. It is unjust for people to be punished for something they cannot take responsibility for. Even providing therapy for those who acquire TBI once in jail would probably result in more lives turned around. Using methods like ABA and PBS and teaching individuals how to better understand themselves and gain some self-control would prove much more effective keeping our country safe than merely locking up individuals in nonconstructive environments.

    ReplyDelete
  14. The criminal system was set up to give consequences to those who violate the norms of society. But another reason it was set up was to PROTECT society. Individuals who are a threat to our families, whether they need special help or not, are put into prisons to protect the innocent. Once there, I would hope that there would be some type of screening or help so that when these individuals return to society, the cycle will not begin again. The article talked about individuals with TBI in the prisons who had problems following directions, were looked at as being violent, and had punishments put upon them due to their misunderstood disabilities. Idealistically, we would have enough funding to screen individuals and separate those who have TBI. Then they can receive the support they need to become better functioning citizens after their time is up. The prisons are already so full, and we’re in debt so I don’t know when this would be able to happen! There should be some room for accommodations with prisoners with disabilities. Anyone with a disability should be treated fairly. Is there a law about that and people just aren’t being diagnosed so they don’t get treated? But if no one is addressing this issue, then how do they know 82% (according to the article from Australia. What are the sats in the US? Is this a worldwide trend?) of inmates have TBI. Sorry, I’m blabbering, I just honestly don’t know the solution!

    ReplyDelete
  15. I had no idea before reading these articles that this was an issue today. This seems to be very touchy. I can see both sides of this argument, but after much thought I decided that it is very possible that TBI is a cause of incarceration. In fact, I think it is a big cause. I am a firm believer that people should be punished for their actions, especially when it involves the breaking of laws. However, proper treatment and screening should be provided. I think one purpose of using prison as a punishment is so that those in prison will be motivated to not break the law again because they do not want to go back to prison. If someone in prison has TBI, he/she needs help learning to deal with their disability and how to manage their anger. I believe it is a system that could work, but people with TBI need help during their sentence. If they get help during prison, it might make another sentence at a later date less of a chance. Screening should be a protocol.

    ReplyDelete
  16. It is surprising to me how many prisoners have had a brain injury. I agree that screenings should be taken to discover if a criminal has traumatic brain injury. If the person is diagnosed with TBI I do not think they should automatically be pardoned. These people should still have consequences for the actions which they performed. During the time when these individuals are in prison they should be given some type of therapy as a way to help them ultimately change. Just because someone has a disability they should not be allowed to put others in danger. Once these people have been able to go to counseling then let them try again.

    ReplyDelete
  17. Wow, this is a good post; it has really made me think. One thing I whole-heartedly agree with is the need to screen all offenders in order to identify TBI or other possible mental illnesses. However, I do not agree that every offender should “get off” simply because of that diagnosis. Actions have consequences and I think that, even with TBI, there are some crimes for which they should not be excused from the punishment. Justice demands a heavy price for manslaughter, for example, and I think that victims of TBI should still take responsibility for those actions. You may think that is inhumane of me. I argue (acknowledging my limited knowledge) that milder warning signs would reveal themselves before such severe crimes would be committed. Upon recognizing those warning signs, that person then has the responsibility to seek help, and if necessary, remove themselves from harming others and from harming themselves.
    I fully support facilitating access to help for TBI victims, even after petty offenses, and I do not believe that prison is a good healing environment. However, I do believe that individuals with TBI who display violent tendencies should be placed in environments where there will be less of a chance of them hurting others. Think, for example, of the violent women mentioned in the wordpress blog. If they have families, young families especially, should they still be allowed to be the caretaker if they have already committed serious crimes against their family, or even just other people? I suggest that we first give them intensive support, but if they do not improve, I do not think they should be allowed to return to a position in which they can severely harm others.

    ReplyDelete
  18. Call me heartless, but my first response to the TBI—inmate issue was, not another “excuse” why people do bad things..Break the law, etc. Everyone is a victim, and the finger pointing begins with the sad victim stories.
    However, as I read more of the article, it became clearer to me that those in support of helping those with TBI were not asking for a pardon of their actions as much as asking for testing, then a prognosis, and a treatment .
    I firmly believe people should take responsibility for their actions, yet the sentence should fit the crime and the disability. Such as testing for TBI, and counseling with help while serving time, therefore the in mate is still held responsible, yet receives help to be more functional in society.
    If we simply claim that they suffer from TBI and are not held accountable for the assault, rape, theft, or whatever, we are doing a dis-service to them and the public. I believe a reason for many problems we have in society come from not taking responsibility for our actions and having an “excuse”. On the other hand, with disabilities such as TBI, serve the consequence and get them help, do not let the inmate sit incarcerated with out a BIP of some sort. Something to give them direction and hope.

    ReplyDelete
  19. I think the first thing we have to think about when considering this question is the studies that were cited in the articles. They did not give enough information about how the studies were performed to be able to establish a correlation, and we can’t see if the study is legitimate. Causation is NEVER shown in a study. Only correlation can be seen. It may be that many prisoners have TBI, but you don’t know if they already had it or if they got it while in the prison. They are not the safest places to be. I would say that screening would good thing to do, but they would still have to be punished for their crimes. The screening would not affect the judgment of the court. The only thing it would affect would be to have therapy while in prison.
    Also, I would like to point out that “head injuries” are not necessarily TBIs. I’ve had head injuries and my mental capabilities are the same. So even that point of ambiguousness shows that the study may be completely wrong. There are too many ifs.
    TBI will never be the cause of incarceration. The person may have a TBI, but seeing as most of them are relatively mild in nature, the people still have their ability to choose to obey laws. It may be a contributing factor to maybe changing a personality or making them hazy on decisions, but they, the people, are still the cause of their own incarceration. Even with a TBI if they do something against the law then they have the ability to do it again, and they need to be in prison, or a mental facility if necessary to ensure the safety of themselves and others.
    But I do believe that they should be screened. Perhaps while they are in prison they can get some help through therapy.

    ReplyDelete
  20. I believe people should be screened and given effective therapy, however, our system demands justice and consequences for our actions.

    I don't believe TBI is sometimes the cause of incarceration. However, I do feel that poor choices leading to that like using drugs or alcohol which impedes the effect the cause/effect relationship could possibly lead to incarceration. I say this because people with TBI already have trouble understanding consequences.

    ReplyDelete
  21. This is one of the reasons that this blog is very useful and informative. I really didn't have an idea of the number of inmates that are classified as having TBI. I absolutely agree that there should be screening and also support for the inmates that are being submitted or that are submitted to prison. In the school districts there is a legal process when a behavior arises that allows leaders to get together and decide whether the outbursts or behaviors are manifestations of the disability. If the behavior is a manifestation of the disability then they are not accountable to the full extent. I feel that the same kind of thinking should be in place for those that are considered for prison. Is it a manifestation of the disability, and if it is still partial their own personal choice, is there a better location for them to get training, support, ABA help. This is a really interesting topic and I would love to see more facts on those that are submitted, how many times they are submitted again, and their history with the disability.

    ReplyDelete
  22. The prison system is effective for no one and is in desperate need of reform. So rarely do we concern ourselves with what happens to convicts--as long as they're locked up, we're safe. Yet when these people are released, they're often worse off than they were before. Prisons breed crime, first of all, and ex-cons don't exactly have the easiest time getting a job. It's not uncommon for them to go back to prison.

    Yes, it is alarming that so many inmates have a TBI, and yes, screening is essential. But the crime was still committed. Can't all inmates benefit from rehab and therapy? Inmates with disabilities are not the only ones in need of these services.

    ReplyDelete
  23. I think that if it is definetly possible that some inmates that are being incarcerated have TBI. Even so you cant automatically give them that crutch and let them blame the disability for their actions. I think that screening and tests should be don to see how much the TBI effects their decision making process and to see if their disability could have been a reason for their incarceration. Also even if they are guilty and the TBI was proven to not be the cause of the actions they choose they still deserve to get the help that they need while being incarcerated. I believe if they are willing to work on them selves then we can help them become better people and hopefully change their lives for the better.

    ReplyDelete
  24. I really did enjoy reading this article. It was very informative but kept my interest. I honestly do believe that Traumatic Brain Injury is sometimes the cause of incarceration. People do not know how to react to people with differences or disabilities and so they do what they think is easiest to do which is incarcerating them.

    I do believe that different screening procedures should be used.By doing this it could honestly prevent many unnecessary convictions that have no evidence or data to back it up. They could be prescribed to hospitals and receive therapy instead of being convicted. Once in jail their hopes of returning to a normal life is down the drain. More lives would be able to be turned around.

    ReplyDelete
  25. As a former social worker, I feel that the prison system in general needs to be revamped. Most prisoners in my experience have suffered or are currently suffering (such as TBI) from some sort of mental health issue. But, the prison system was not developed ad or equipped to rehabilitate prisoners; it is store criminals. Yes, the booking process can be changed and have more testing for the issues that one may have however, that would take more taxpayers dollars and this can violate individual rights of that inmate. The social justice system has both pros and cons. However, this is a sensitive topic when your access the difference for the general prison population and not specifically considering the petty criminals verses the hardcore criminals like Mansion.

    ReplyDelete
  26. To suddenly come out and say that most inmates suffer from some disease or disability is, I think, a faulty choice of thinking. Although it's not their fault that they might have this supposed "TBI", they DID in fact make a choice to commit that certain crime or murder. Also, by reading about the symptoms, not one of them said "Uncontrollable Murder Disability Disease". Until that happens we do need to do more research.

    ReplyDelete
  27. I forgot to post a link to the article I read: http://www.washingtonpost.com/wp-dyn/content/article/2008/12/28/AR2008122801728.html

    ReplyDelete
  28. I have enjoyed reading everyone's posts. So much has been said already, so I'll try to look at another side of the issue.

    First, I agree that it is important to examine the prison system to make it more fair (as the article Cassie posted says), punishing those who can be held responsible for their actions, but seeking not only to punish but to reform and support.

    However, I think a better way to improve the situation could be to address the causes of people's criminal acts; mental and emotional disturbances (It is pointless to say that some inmates have these and others don't. Anyone who commits a serious crime is disturbed! Yes, they have agency, but the fact that they used it so wrongly shows that they have problems). What causes these problems? Biochemical issues; injuries from auto accident, violence, child abuse; cultural influences like media; poverty; and so on.

    Some of these things society could do a better job of preventing before it gets to the point of putting people in prison. We ought to control alchohol and drug use, child abuse, and violence in the media, among other things.

    ...There are so many complications with what I just wrote, (at what point should children be taken away from their abusive parents? is alchohol consumption a right? and on and on)I don't have time to go into everything, and I would just be going in circles! Can I just say that I am so glad that I am not in charge of solving the world's problems? One thing I can do, however, is love every single person I come in contact with and try to spread that universal balm, the gospel of Jesus Christ.

    "The study of the doctrines of the gospel will improve behavior quicker than a study of behavior will improve behavior."
    -Boyd K. Packer

    "And now, as the preaching of the word had a great tendency to lead the people to do that which was just—yea, it had had more powerful effect upon the minds of the people than the sword, or anything else, which had happened unto them—therefore Alma thought it was expedient that they should try the virtue of the word of God."
    -Alma 31:5

    ReplyDelete
  29. I too had no idea how many people were in jail with TBI. I believe that everyone deserves proper punishment for their decisions. Even though some times people may feel that it's not right because they have a disability. But the thing is whether or not they have a brain injury or not a person who can get away with little punishment because they have a disability will think it's okay to do it again. I think it is important to help this person, allow them to serve their time in Jail but always put them on probation to make sure that they are receiving the proper care and that they are doing what they should be doing to stay out of trouble.
    I also believe that screening is very important to do and will help prevent a lot of things. I think it makes sense for people to do this to protect others.

    ReplyDelete