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Perceptions of defendants with Traumatic Brain Injury in the Criminal Justice System / ELEANOR BRYANT

Swansea University Author: ELEANOR BRYANT

  • Redacted version - restricted access under embargo until: 1st December 2024

DOI (Published version): 10.23889/SUthesis.64953

Abstract

Whilst traumatic brain injury (TBI) is overrepresented in the criminal justice system (CJS), little evidence has directly explored how people who have offended with a history of TBI are perceived by key legal decision makers in the UK legal system. This thesis aimed to investigate how individuals wi...

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Published: Swansea, Wales, UK 2023
Institution: Swansea University
Degree level: Doctoral
Degree name: Ph.D
Supervisor: Williams, Claire., Horry, Ruth. and Worthington, Andrew.
URI: https://cronfa.swan.ac.uk/Record/cronfa64953
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first_indexed 2023-11-09T16:35:54Z
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spelling v2 64953 2023-11-09 Perceptions of defendants with Traumatic Brain Injury in the Criminal Justice System 5f0e2347a9a376c8b1fec6de9a3d2aa1 ELEANOR BRYANT ELEANOR BRYANT true false 2023-11-09 Whilst traumatic brain injury (TBI) is overrepresented in the criminal justice system (CJS), little evidence has directly explored how people who have offended with a history of TBI are perceived by key legal decision makers in the UK legal system. This thesis aimed to investigate how individuals with TBI are perceived in the context of a UK magistrates’ court, and how information about TBI is evaluated in sentencing recommendations. The first part of this thesis explored how misconceptions around the nature of, and recovery from, TBI are common amongst laypersons. However, the measures used to evaluate perceptions of brain injury lack thorough psychometric evaluation and are limited in scope. Consequently, two new tools, the Perception of Brain Injury Measure (PBIM36) and Brain Injury Awareness Scale (BIAS20), were developed and rigorously evaluated. Findings revealed that laypersons expect that recovery from the invisible effects of TBI to mirror those for physical recovery. These insights then informed the experimental work reported in the second half of the thesis, and fictional magistrates sentencing remarks were developed. In Experiment One, participants, drawn from the general population, rated the magistrates’ verdict similarly across all TBI Presentation conditions, irrespective of whether a physical marker of injury was presented. Notably, similar ratings were given to a defendant presented with and without a history of TBI. Experiments Two and Three showed that including additional educational information to increase understanding of the hidden impacts of TBI led to lower sentencing recommendations. Furthermore, different types of educational materials (i.e., factual information and a personal story of TBI) had similar impacts upon sentencing recommendations. In conclusion, key legal decision-makers may neededucating on the effects of TBI as otherwise, they may be unable to recognise and appropriately adjust for the ongoing impacts of a TBI on an individual’s behaviour. E-Thesis Swansea, Wales, UK Traumatic brain injury, legal decision making, perceptions, criminal justice system 27 9 2023 2023-09-27 10.23889/SUthesis.64953 COLLEGE NANME COLLEGE CODE Swansea University Williams, Claire., Horry, Ruth. and Worthington, Andrew. Doctoral Ph.D 50% Swansea University, 50% Headwise Swansea University, Headwise 2023-11-09T16:43:18.2363721 2023-11-09T16:31:49.6966595 Faculty of Medicine, Health and Life Sciences School of Psychology ELEANOR BRYANT 1 Under embargo Under embargo 2023-11-09T16:36:14.3151220 Output 3771506 application/pdf Redacted version - restricted access true 2024-12-01T00:00:00.0000000 Copyright: The Author, Eleanor Bryant, 2023. Distributed under the terms of a Creative Commons Attribution-NoDerivatives 4.0 International License (CC BY-ND 4.0). true eng https://creativecommons.org/licenses/by-nd/4.0/
title Perceptions of defendants with Traumatic Brain Injury in the Criminal Justice System
spellingShingle Perceptions of defendants with Traumatic Brain Injury in the Criminal Justice System
ELEANOR BRYANT
title_short Perceptions of defendants with Traumatic Brain Injury in the Criminal Justice System
title_full Perceptions of defendants with Traumatic Brain Injury in the Criminal Justice System
title_fullStr Perceptions of defendants with Traumatic Brain Injury in the Criminal Justice System
title_full_unstemmed Perceptions of defendants with Traumatic Brain Injury in the Criminal Justice System
title_sort Perceptions of defendants with Traumatic Brain Injury in the Criminal Justice System
author_id_str_mv 5f0e2347a9a376c8b1fec6de9a3d2aa1
author_id_fullname_str_mv 5f0e2347a9a376c8b1fec6de9a3d2aa1_***_ELEANOR BRYANT
author ELEANOR BRYANT
author2 ELEANOR BRYANT
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publishDate 2023
institution Swansea University
doi_str_mv 10.23889/SUthesis.64953
college_str Faculty of Medicine, Health and Life Sciences
hierarchytype
hierarchy_top_id facultyofmedicinehealthandlifesciences
hierarchy_top_title Faculty of Medicine, Health and Life Sciences
hierarchy_parent_id facultyofmedicinehealthandlifesciences
hierarchy_parent_title Faculty of Medicine, Health and Life Sciences
department_str School of Psychology{{{_:::_}}}Faculty of Medicine, Health and Life Sciences{{{_:::_}}}School of Psychology
document_store_str 0
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description Whilst traumatic brain injury (TBI) is overrepresented in the criminal justice system (CJS), little evidence has directly explored how people who have offended with a history of TBI are perceived by key legal decision makers in the UK legal system. This thesis aimed to investigate how individuals with TBI are perceived in the context of a UK magistrates’ court, and how information about TBI is evaluated in sentencing recommendations. The first part of this thesis explored how misconceptions around the nature of, and recovery from, TBI are common amongst laypersons. However, the measures used to evaluate perceptions of brain injury lack thorough psychometric evaluation and are limited in scope. Consequently, two new tools, the Perception of Brain Injury Measure (PBIM36) and Brain Injury Awareness Scale (BIAS20), were developed and rigorously evaluated. Findings revealed that laypersons expect that recovery from the invisible effects of TBI to mirror those for physical recovery. These insights then informed the experimental work reported in the second half of the thesis, and fictional magistrates sentencing remarks were developed. In Experiment One, participants, drawn from the general population, rated the magistrates’ verdict similarly across all TBI Presentation conditions, irrespective of whether a physical marker of injury was presented. Notably, similar ratings were given to a defendant presented with and without a history of TBI. Experiments Two and Three showed that including additional educational information to increase understanding of the hidden impacts of TBI led to lower sentencing recommendations. Furthermore, different types of educational materials (i.e., factual information and a personal story of TBI) had similar impacts upon sentencing recommendations. In conclusion, key legal decision-makers may neededucating on the effects of TBI as otherwise, they may be unable to recognise and appropriately adjust for the ongoing impacts of a TBI on an individual’s behaviour.
published_date 2023-09-27T16:43:22Z
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score 11.014067

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