ABSTRACT
Neurologists and psychiatrists are frequently asked to provide expert testimony as to whether a violent criminal act could have been caused by an epileptic seizure. This is because of the belief held by many psychiatrists and some neurologists that violent and aggressive behavior can occur as a symptom of epilepsy. Defense attorneys have learned that an ‘epilepsy defense’ may be the best means of obtaining acquittal for their client, especially if there is little doubt that the client committed the aggressive act of which he or she is accused. Because of these issues it becomes worthwhile to consider a number of questions relating to whether or not ictal aggression can occur and what should be the proper role of the neurologist or psychiatrist asked to provide expert testimony. The following questions need to be considered:
1 What are the fundamental characteristics of epileptic seizures? How do we determine if a paroxysmal event is an epileptic seizure?
