Abstract
As the number of individuals affected by dementia increases, the criminal justice system continues to face questions about dementia and criminal responsibility. However, gaps in the legal process have left these individuals, incapable of forming intent, vulnerable to wrongful punishment. Courts rely on traditional culpability frameworks that fail to account for the nuance in dementia-related cognitive decline, and, as a result, prisons are forced to function as de facto nursing homes lacking adequate resources to provide proper care. This Comment proposes treating dementia as a sliding scale, arguing for a context-specific response through streamlined crisis response, use of diversion programs, and implementation of specialized facilities.
Repository Citation
J. Taylor Humphrey,
The Intersection of Dementia and Criminal Behavior,
108 Marq. L. Rev. 835
(2025).
Available at: https://scholarship.law.marquette.edu/mulr/vol108/iss3/8