Not Guilty by Reason of CTE: The Imminent Rise of Football's Foil as a Criminal Defense

Criminal Law Bulletin, Vol. 54, No. 6, 2018

34 Pages Posted: 7 Jan 2019

Date Written: 2018

Abstract

Upon his suicide, former NFL player and convicted murderer Aaron Hernandez was found to have Chronic Traumatic Encephalopathy (CTE). Some were prompted to ask whether his actions were caused by his disease, creating an argument that Hernandez was not guilty by reason of insanity. This article explains CTE in greater depth as well as the current criminal insanity defense frameworks and tests. Thereafter, it theorizes the applicable of CTE to said tests to determine whether CTE could ever provide the foundation to an insanity defense.

Keywords: Criminal Law, Criminal Insanity

Suggested Citation

Spivak, Russell, Not Guilty by Reason of CTE: The Imminent Rise of Football's Foil as a Criminal Defense (2018). Criminal Law Bulletin, Vol. 54, No. 6, 2018. Available at SSRN: https://ssrn.com/abstract=3311607

Russell Spivak (Contact Author)

WilmerHale

7 World Trade Center
250 Greenwich Street
New York, NY 10006
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
126
Abstract Views
492
rank
226,237
PlumX Metrics