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Tourette's syndrome and the law
Joseph Jankovic1, Carolyn Kwak, Richard Frankoff
1Parkinson's Disease Center and Movement Diorders Clinic, Department of Neurology, Baylor College of Medicine, Houston, TX 77030, USA. josephj@bcm.tmc.edu
The Journal of Neuropsychiatry and Clinical Neurosciences
|March 10, 2006
Summary
Tourette syndrome (TS) rarely causes criminal behavior, but associated impulse control issues can lead to legal involvement. Awareness is needed for legal professionals to recognize these vulnerabilities and prevent mistreatment.
Area of Science:
- Neuroscience
- Legal Psychology
- Forensic Psychiatry
Background:
- Neurological disorders, such as Tourette syndrome (TS), are sometimes cited in defenses involving diminished legal responsibility.
- TS is a childhood-onset neurological disorder characterized by motor and vocal tics, often accompanied by behavioral comorbidities like impulse control issues and rage attacks.
Purpose of the Study:
- To examine mechanisms predisposing Tourette syndrome patients to legally liable behaviors.
- To report findings from a nationwide review of legal cases involving TS.
- To raise awareness in the legal community about organically-based behaviors in TS patients that may lead to legal issues.
Main Methods:
- A review of neurobehavioral mechanisms underlying comorbid issues in TS.
- A comprehensive search of state and federal court cases (1985-2003) implicating TS, using the Westlaw database.
Main Results:
- TS was implicated in over 150 legal cases by October 2003, with 21 criminal cases.
- Cases spanned civil rights, criminal, education, family, labor, and social security law.
- While TS rarely leads directly to criminal acts, behavioral comorbidities increase risk of legal system involvement.
Conclusions:
- Patients with Tourette syndrome and behavioral comorbidities face a heightened risk of legal system entanglement.
- The medical-legal community requires greater awareness of TS-related vulnerabilities to prevent potential judicial mistreatment.
- Understanding the neurobehavioral underpinnings of TS is crucial for fair legal consideration.
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