Criminal Legal System Resources

Intersectionality With Brain Injury
The issue of Traumatic Brain Injury in prisons and jails is big enough that the CDC recognizes it as an important public health problem. Within five years after an injury, nearly one-third report some involvement with the criminal justice system. In the adult criminal justice system 50-80% have had a Traumatic Brain Injury (as compared with 8.5% in the general population. People with a TBI are 14 times more likely to incur a serious charge and 12 times less likely to achieve a discretionary release. Having a TBI increases the risk of recidivism by 69%. It is believed that close to 100% of women in the justice system have a history of TBI – much of these injuries are due to domestic violence.

People with TBI in the CJ System are likely to have auditory comprehension; verbal and written language; reading; social communication; mental health (depression and anxiety) and/or behavior challenges (including anger control issues). These issues will cause problems with treatment and upon their release. Their lack of cooperation may be wrongly attributed to deliberate defiance.

Routine screening for a prior history of Brain Injury is recommended, as is cognitive testing for those identified with an injury. Transition services should involve accommodating for problems from the TBI. People with TBI in the Criminal Justice System also have higher rates of Substance Abuse and Mental Health issues. (TBI in the Youth Justice System, Ontario Neurotrauma Foundation & McMaster University. Traumatic Brain Injury in Prisons and Jails: An Unrecognized Problem; CDC.)