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Nita A. Farahany
Prof. of Law and Philosophy
Prof. of Genome, Sciences and Policy
Duke Law School
*All opinions expressed on this blog are the author's alone and not those of any institution, organization or other entity with which she is affiliatedContributors
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Author Archives: Nita A. Farahany
Daily Digest, 1/30/13, The Developing Brain
Let the fight over Graham begin. Last term, in Miller, the United States Supreme Court held that, in addressing this complicated issue, policymakers can no longer prescribe mandatory life without parole sentences for juveniles, even for the most serious homicide … Continue reading
Posted in Neuroscience
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The Daily Digest, 1/18/2013, Automatism
Automatism vs. Insanity – Affirmative Defense or Negation of Mens Rea and Actus Reus? While you read about automatism or unconsciousness in case books, you don’t often see them in judicial opinions. In the case today, the defendant argued that … Continue reading
Back by popular demand – the digest! Equitable Tolling
Back by popular demand is the daily digest of law and biosciences cases, particularly those related to criminal law. The defense is still at it, but they aren’t having much luck with claims of equitable tolling based on poor memory … Continue reading
Law and Biosciences Fellowship Opportunity!
Duke Institute for Genome Sciences & Policy: Law and Biosciences Fellowship Duke University invites applications for the 2013-2014 Fellowship Program at the Institute for Genome Sciences and Policy. Background: This fellowship is ideal for individuals who are interested in an … Continue reading
The Daily Digest, 6/6/2011
One of the most interesting claims using neurological evidence is withdrawal of a guilty plea, arguing the entry of that plea was involuntary or that the defendant lacked the competency to enter such a plea. This was a claim of … Continue reading
The Daily Digest, 6/2/2011
The frontal lobe region of the brain has been implicated in executive functioning, planning, and premeditation. Individuals with neurological deficits, particularly in executive functioning, are more likely to act impulsively, without premeditation, and without anticipation of the consequences of their … Continue reading
Posted in Criminal, Neuroscience
Tagged executive functioning, frontal lobe, mental state, premeditation
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The Daily Digest, 5/27/11
Twice this year I have come across a case in which a juvenile offender has used evidence of his developing brain to challenge his transfer from the juvenile docket to adult court. In the case today, the defendant seems to … Continue reading
The Daily Digest, 5/26/11
The case today presents an interesting application of the developing brain theory in juveniles. The defendant, who was convicted of two counts of second degree murder and sentenced to two consecutive life sentences without the possibility of parole, sought to … Continue reading
Webinar of Interest
Of interest to readers of the blog. The ABA (Section of Science & Technology Law of the American Bar Association) and AALS are co-sponsoring a Neuroscience and Law webinar series of interest. I’ll be speaking at the last one, on … Continue reading
The Daily Digest, 4/26/11
Civil commitment proceedings seem to offer a significant loophole to due process guarantees. After serving a prison term, an individual can be found to be a sexually violent predator and serve indefinitely in a mental health facility (with annual “reviews” … Continue reading
Posted in Civil, Neuroscience
Tagged civil commitment, competency, developing brain, SVP
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Law and Biosciences Digest 