Category Archives: Criminal

The Daily Digest, 3/30/11

I received a great tip from Anastasia Heeger, Senior Staff Attorney at the Office of the Appellate Defender in New York yesterday, about a case in which their office represented the defendant. The case presents a detailed look at the … Continue reading

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The Daily Digest, 3/23/11

Sometimes, even judges suffer from the “CSI” effect. The district court judge in the case today may have missed a few important days of his genetics class in high school or in college. Perhaps they didn’t teach genetics in the … Continue reading

Posted in Behavioral Genetics, Criminal | Tagged , , | 18 Comments

The Daily Digest, 3/22/11

The use of “developing brain” science in criminal cases seems to be increasing, and today is yet another example of an attempt to use developing brain science to mitigate a criminal defendant’s sentence. The theory in the case today is … Continue reading

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The Daily Digest, 3/15/11

Today, I am presenting at a conference in New York City entitled Law and the Brain. This two-day conference delves into many of the different aspects of law and neuroscience discussed here on the Daily Digest, particularly from the criminal … Continue reading

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The Daily Digest – 3/14/11

This week I have several cases to report on the intersection memory, the brain and law. At least several times a week I have been inundated with cases in which criminal defendants raise claims about either their own memory, the … Continue reading

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The Daily Digest – 3/10/11

Does age of onset in legal contexts mean chronological or developmental age? This is a live issue in the death penalty context because in Atkins v. Virginia, the United States Supreme Court found it cruel and unusual punishment under the … Continue reading

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The Daily Digest – 3/9/11

The Confrontation Clause of the Sixth Amendment provides a criminal defendant a right to cross-examine a witness, but does not guarantee an “effective” cross-examination. So long as a witness shows up, his complete memory loss doesn’t mean he has failed … Continue reading

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