Blog Editor
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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Category Archives: Neuroscience
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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The Daily Digest, 4/25/11
In Schriro v. Landrigan, the United States Supreme Court granted certiorari on two questions: (1) Whether a defendant can knowingly and voluntarily waive his right to have mitigating evidence introduced on his behalf in a capital case, and (2) Whether … Continue reading
The Daily Digest, 4/20/11
Is the Government Targeting our Genomes? I’ve reported previously on the claims by some private citizens that they are “targeted individuals” of government experiments. That case, and my knowledge of these claims to date was limited to targeting neurological functioning. … Continue reading
Posted in Neuroscience
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The Daily Digest, 4/19/11
The New York Times on Sunday ran a provocative op-ed co-authored by one of my colleagues at Vanderbilt, Nancy King. In that editorial, the authors call for reform to the endless process of habeas review, arguing that claims are reviewed, … Continue reading
The Daily Digest, 4/18/11
Neuropsychologists v. Neuropsychiatrists The discussion by the majority and dissenting opinions in the case today about neuropsychological versus neuropsychiatric testing reveals just how detailed and technical the debates over cognitive neuroscience are becoming in legal cases. The dissent explains in … Continue reading
Posted in Neuroscience
Tagged automobile accident, damages, neuropsychiatric, neuropsychological
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The Daily Digest, 4/14/11
I’ve noticed a recent trend of cases reporting a defendant’s use of a past or recent head injury to challenge the improvident waiver of his rights — e.g. waiving the right to a jury trial, the right to remain silent, … Continue reading
Posted in Criminal, Neuroscience
Tagged cruel and unusual punishment, head injury, procedural rights, waiver
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The Daily Digest, 4/13/11
[Note from Blog Editor Nita Farahany — I’m pleased to welcome and introduce guest contributor and author of this post, Ken Murray, Federal Public Defender in Arizona, Capital Habeas Unit] Offense Heinousness, Double-Edged Sword of Brain Damage “If the evidence … Continue reading
The Daily Digest, 4/12/11
[Note from Blog Editor Nita Farahany — I’m pleased to welcome and introduce guest contributor and author of this post, Stephanie Kostiuk, currently a 2L at Vanderbilt Law School] Mental/Emotional Age and Developing Brain Theory This blog has previously discussed … Continue reading
Posted in Criminal, Neuroscience
Tagged cruel and unusual punishment, death penalty, developing brain
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The Daily Digest, 4/8/11
Competency proceedings seem like a natural place for criminal defendants to introduce expert evidence using cognitive neuroscience or behavioral genetics. In competency proceedings, while objective manifestations of competency are relevant, so is evidence about the particular defendant’s subjective capacity. A … Continue reading
The Daily Digest, 4/7/11
The case today presents a now-classic (and failed) attempt to use evidence of drug use and past head injuries as mitigating evidence in a capital case. In both of the defendant’s two retrials for sentencing, the jury sentenced the defendant … Continue reading