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The neurocognitive effects of a conducted electrical weapon compared to high intensity interval training and alcohol intoxication - implications for Miranda and consent.

Journal of forensic and legal medicine
January 1, 2018
D Dawes et al. (5 authors)
Comparative StudyJournal ArticleObservational StudyHuman StudyClinical
Extracted Claims (9)
InterventionDirectionEndpointPopulationDosageImpactClaim #
conducted electrical weapons (CEW) exposure
decrease
neurocognitive performance
all groups in use-of-force scenarios
transient, returned to baseline by one hour post-scenario
decline in neurocognitive performance immediately post-scenario
#1
conducted electrical weapons (CEW) exposure
decrease
neurocognitive functioning
-
transient
transient neurocognitive effects in the immediate post-exposure period
#2
conducted electrical weapons (CEW) exposure
decrease
neurocognitive functioning
-
greater in one measure (of 5)
effect was greater in one measure (of 5) compared to exertion
#3
conducted electrical weapons (CEW) exposure
decrease
neurocognitive performance
-
only in one measure (of three)
neurocognitive performance decrements found only in one measure (of three)
#4
conducted electrical weapons (CEW) exposure
no change
neurocognitive performance
-
non-significant
neurocognitive changes were non-significant
#5
exertion regimen
decrease
neurocognitive performance
-
only in one measure (of three)
neurocognitive performance decrements found only in one measure (of three)
#6
alcohol intoxication
decrease
neurocognitive performance
-
statistically significant across all measures
resulted in statistically significant performance declines across all measures
#7
alcohol intoxication
decrease
neurocognitive performance
-
persistent over the study period
performance declines were persistent over the study period
#8
alcohol intoxication
decrease
neurocognitive performance
-
significant
neurocognitive changes were significant
#9
Abstract

While the physiologic effects of conducted electrical weapons (CEW) have been the subjects of numerous studies over nearly two decades, their effects on neurocognitive functioning, both short-term and long-term, have only recently been studied. In a 2014 study involving use-of-force scenarios, including a CEW scenario, we found that there was a decline in neurocognitive performance immediately post-scenario in all groups; however this effect was transient, of questionable clinical/legal significance, not statistically different between the groups, and, returned to baseline by one hour post-scenario. Two subsequent studies by other authors have also found transient neurocognitive effects in the immediate post-exposure period; however, in one study, the effect was greater in one measure (of 5) for the CEW compared to exertion, and the authors suggested that this effect could have implications for the Miranda waiver obtained before custodial interrogation as well as consent. In our current study, we compared the neurocognitive effects of an exposure to a CEW to another exertion regimen, as well as to alcohol intoxication given the latter has significant established case law with regard to the Miranda waiver and consent. Such a comparison may offer more insight into the clinical/legal significance of any measured changes. As with the prior studies, the neurocognitive performance decrements of the CEW and exertion regimens, found only in one measure in this study (of three), were transient, and here, non-significant. Only alcohol intoxication resulted in statistically significant performance declines across all measures and these were persistent over the study period. Given that the neurocognitive changes associated with the CEW were non-significant, but were significant for alcohol intoxication, and given that current case law does not use intoxication as a per se or bright line barrier to Miranda and consent, our results do not suggest that a CEW exposure should preclude waiving of Miranda rights or obtaining consent.

Medical Subject Headings (MeSH)
AdultAlcoholic IntoxicationElectric InjuriesFemaleHigh-Intensity Interval TrainingHumansLaw EnforcementMaleNeurocognitive DisordersNeuropsychological TestsProspective StudiesWeapons
Study Links
Citation Metrics
Total Citations1
Citations/Year0.1
Relative Citation Ratio0.11
NIH Percentile5.5%
Research Impact Scores
APT Score0.05
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