S2: Episode 1 - Brain Injury and Justice
How to listen
Episode Timeline/Highlights
[05:00] Introducing our participants and the topic of today’s episode.
[09:00] Why is brain injury in the justice system such an important topic?
The prevalence of brain injury in the criminal justice system is extremely high. Approximately 80% of incarcerated adults and >50% of youth in the justice system have a brain injury. Most of these individuals have a history of violence and abuse and have had more than one brain injury. TBI causes many challenges for people, such as difficulty with communication, self-regulation, and reading social cues, and may even be the contributing factor to them ending up in the justice system. Rather than it being a punitive approach, we need society to take a rehabilitative approach.
[13:30] What are the biggest problems/barriers for people with brain injuries in the justice system?
The justice system is a loud, abstract, chaotic place where people don’t often know what’s going on and how to navigate life in the system, making it more likely that they will unintentionally break rules or encounter more harm. For example, clients are given instructions and conditions that are overwhelming and hard to understand. Thus, judges and probation officers must learn how to explain conditions very clearly and simply, making sure the client understands the processes they’re going through. We also know that more education and training on TBI is needed for all professionals working in the justice system. Lack of awareness is a huge issue, so screening for brain injuries should be mandatory in every criminal justice system (The UK is a great example of a system who has implemented this).
[18:00] What is a journey map and how does it help people with TBI in the justice system?
A journey map is a navigation tool that enables people in the justice system to better understand the processes that they’re going through. Go to www.abijustice.org for more information.
[21:30] Advice for people with brain injuries (and the people supporting them) on preparing for court:
Take advantage of case coordination resources and printable/downloadable checklists. You can find those resources at link needed. Once they get into the court system, there are laws in Canada that protect clients with communication disabilities. It’s crucial to ensure the accessibility coordinator at every courthouse be notified and on call to support clients who have a brain injury. Seek out communication intermediaries (CI Canada) who have specific training on supporting individuals in court.
[29:25] How is the Human Services and Justice Coordinating Committee (HSJCC) increasing awareness of TBI in the justice system?
Local HSJCC committees work to solve pressing problems and crises, bringing the most prevalent issues up to the provincial committee. This organization demystifies both the academic work and on-the-ground work being done to support clients with TBI, work with professionals in the justice system, and increase awareness of this invisible disability.
[37:45] Conclusion:
“From the very beginning, from the arrest and the processing through the judicial system, and if there is incarceration, through that release process… at every step of the way we really have to be aware of this invisible disability and provide the kinds of accommodation that’s necessary to help a person understand what has happened, to get the support that they need to address whatever issues are existing, and to make a successful community re-entry when that’s possible.”
[39:51] Helpful resources and people to connect with.
Resources Mentioned:
Compassionate Justice Fund: www.compassionatejusticefund.org
ABI Justice: www.abijustice.org
CI Canada: www.cicanada.com
HSJCC: https://hsjcc.on.ca
Brain Injury Society of Toronto Resources: https://bist.ca/resources
Connect with us!
Follow HeadsupCAN on Instagram: www.instagram.com/headsupcan
Follow them on Twitter: www.twitter.com/headsupcan_
Follow Ontario Brain Injury Association on Instagram: www.instagram.com/ontariobia
Follow them on Twitter: www.twitter.com/OntarioBIA
Podcast Facilitator
Participants
Thank you to our episode sponsor!
The Sharing Experiences With Concussions/TBI podcast is made possible by The Headsup Concussion Advocacy Network whose mission is to build collaborative networks and partnerships that work to innovate concussion education, research and awareness. The podcast is also made possible by The Ontario Brain Injury Association whose mission is to enhance the lives of Ontarians living with the effects of acquired brain injury through education, awareness and support. Thank you!