Defendants who argue compellingly that they committed a crime as a consequence of a past traumatic brain injury often go free in Vermont. That’s because the state’s courts have no way of dealing with such cases.
Judges cannot order defendants with TBI to be incarcerated, hospitalized or placed under state supervision — in contrast to those found incompetent to stand trial due to a mental illness or cognitive deficiency. As Seven Days reported last March in “Why Brain Injured Defendants Often Go Free,” judges often have no choice but to let a defendant with TBI walk, even if he or she has committed numerous violent or sexual offenses and remains a threat to public safety.
But that could change this year. On Friday, Rep. Warren Van Wyck (R–Ferrisburgh) presented legislation to the House Judiciary Committee that would let judges order a brain-injured defendant to be committed to the custody of the Vermont Department of Mental Health, just like someone diagnosed with schizophrenia. And, like a person with mental illness, he or she could be tried for the crime if later deemed competent to stand trial.
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“Judges cannot order defendants with TBI to be incarcerated, hospitalized or placed under state supervision”
Why not? I’m not following the argument. You commit a crime, your guilty and yet because you have had an injury to the head at some point you can’t be held accountable for your crimes? What law states that and which lawmakers came up with that scheme? I’d really like to know who passed a law that said, even if you sexually assault children, if you’ve been knocked in the head a few times you can get off scot free