B.S. Defence #4

No Loss of Consciousness

The Defence argues that if the victim was not observed to be unconscious at the scene – by an independent medical professional – they couldn’t have a brain injury.  They also routinely ask the victim: “How long were you unconscious?”  If the victim can’t answer, the defence says he’s lying about being unconscious.

When’s the last time you heard of someone lucky enough to be knocked unconscious with a medical specialist at hand?  Other than in the OR?  Other than a professional boxer?  Right: Never. 

Ever been woken from a sound sleep – other than by a pre-set alarm?  Did you know the exact time you fell asleep?  The exact time you woke – without looking a clock?  The defence would argue you were never asleep. 

The diagnostic signs of brain injury include – but don’t require – any period of loss of consciousness “or altered brain activity”. A single second of unconsciousness is enough. Having your “bell rung” — and being confused — is enough.  All those football, soccer, and hockey players whose brains look like Swiss cheese?  Almost none was ever knocked unconscious.  Muhammad Ali never was.  Not once.  Brain damage?  Lots.   

Funnily, one common sign of brain injury is phantom bad smells.  The victim smells poop when there is none.   

Or, maybe, that’s the wave of B.S. coming from the Defence.