The following are staggering statistics on the prevalence of ABI in the criminal justice system:
- There are over half a million Ontarians living with a brain injury, with 45,000 cases being added annually. (8)
- Traumatic brain injury is highly prevalent among jail and prison inmates and those who have come into contact with the criminal justice system. (10)
- As many as 100% of incarcerated adults have a reported history of brain injury. (3)
- For youth, the rate is estimated from 16-72%. (5)
- Adverse early life experiences are common for persons with a history of brain injury and incarceration particularly for criminalized women. (2)
- An Ontario study found that men and women who sustained a brain injury were about 2.5 times more likely to be incarcerated than men and women who had not sustained one. (7)
- Another study, based on a random sample of four Ontario prisons, found 50.4% of males and 38% of females reported previous traumatic brain injury. In this study half of the identified women sustained their injury before committing their first crime. (2)
- People with brain injuries are 14 times more likely to incur a serious charge and 12 times less likely to achieve discretionary release.
- Having a history of a diagnosed brain injury and/or repeated hits to the head neck or face increases the risk of recidivism by 69%. (9)
LIVING WITH BRAIN INJURY
Challenges of Brain Injury
In this video, two men living with the effects of brain injury discuss the challenges they have faced when dealing with the legal system. Explore aspects of brain injury as they pertain to those living with the effects.
References
- Centers for Disease and Control and Prevention. (n.d.). Traumatic Brain Injury in Prison and Jails: An unrecognized problem. Retrieved from
https://www.cdc.gov/traumaticbraininjury/pdf/Prisoner_TBI_Prof-a.pdf - Colantonio, A., Kim, H., Allen, S., Asbridge, A., Petgrave, J., Brochu, S. (2014). Traumatic Brain Injury and Early Life Experiences Among Men and Women in a Prison Population. J Correct Health Care, 20(4), 1-9.
https://pubmed.ncbi.nlm.nih.gov/25033995/ - Durand, E., Chevignard, M, Ruet, A., Dereix, A., Jourdan, C., & Pradat-Diehl, P. (2017). History of Traumatic brain injury in prison populations: A systemic review. Annals of Physical and Rehabilitation Medicine, 60(2), 95-101. https://www.sciencedirect.com/science/article/pii/S1877065717300258?via%3Dihub
- Guberman, G.I., Robitaille, M., Larm, P., Ptito, A., Vitaro, F., Tremblay, R. E., Hodgins, S. (2018). Are traumatic brain injuries associated with criminality after taking account of childhood family social status and disruptive behaviours?. The Journal of Neuropsychiatry and Clinical Neurosciences, 31(2), 123-131. https://doi.org/10.1176/appi.neuropsych.18040094
- Hughes, N., Williams, W.H., Chitsabesan, P., Walesby, R.C., (2015). The Prevalence of Traumatic Brain Injury Among Young Offenders in Custody: A Systematic Review. Journal of Head Trauma Rehabilitation, 30(2), 94-105. https://www.researchgate.net/publication/273320578_The_Prevalence_of_Traumatic_Br
ain_Injury_Among_Young_Offenders_in_Custody_A_Systematic_Review - Matheson, F.I., Mclsaac, K.E., Fung, K., Stewart, L.A., Wilton, G., Keown, L.A., Nathens, A.B., Colantonio, A., & Moineddin, R. (2020). Association between traumatic brain injury and prison charges: a population-based cohort study. Journal of Brain Injury, 1-8. DOI: 10.1080/02699052.2020.1753114
- McIsaac, K.E., Moser, A., Moineddin, R., Keown, L. A., Wilton, G., Stewart, L.A., Colantonio, A., Nathens, A.B., & Matheson, F.I. (2016). Association between traumatic brain injury and incarceration: a population-based cohort study. CMAJ OPEN, 4(4), 746-
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5173464/pdf/cmajo.20160072.pdf
- Ontario Brain Injury Association. (n.d.). Unmasking Brain Injury. Retrieved from
http://obia.ca/brain-injury-awareness-month/unmasking-brain-injury/ - Ray, B., & Richardson, N. J. (2017). Traumatic Brain Injury and Recidivism Among returning Inmates. Criminal Justice and Behaviour, 44(3), 472-486.
https://doi.org/10.1177/0093854816686631 - Shulein, O., Klemme, R., Johnson, K., & Harniss, M. (2020). Traumatic Brain Injury in Corrections. Retrieved from https://www.biausa.org/public-affairs/media/traumatic-brain-
injury-in-corrections - Matheson F, McIsaac K, Fung K, Stewart L, Wilton G, Keown L et al. Association between traumatic brain injury and prison charges: a population-based cohort study. Brain Injury 2020; 34(6):757-763.