Category Archives: Neuroscience

The Daily Digest, 4/26/11

Posted on April 26, 2011 by Nita A. Farahany

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 →

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The Daily Digest, 4/25/11

Posted on April 25, 2011 by Nita A. Farahany

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 →

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The Daily Digest, 4/20/11

Posted on April 20, 2011 by Nita A. Farahany

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 →

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The Daily Digest, 4/19/11

Posted on April 18, 2011 by Nita A. Farahany

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 →

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The Daily Digest, 4/18/11

Posted on April 18, 2011 by Nita A. Farahany

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 →

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The Daily Digest, 4/14/11

Posted on April 14, 2011 by Nita A. Farahany

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 →

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The Daily Digest, 4/13/11

Posted on April 13, 2011 by Ken Murray

[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 →

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The Daily Digest, 4/12/11

Posted on April 12, 2011 by Stephanie Kostiuk

[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 →

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The Daily Digest, 4/8/11

Posted on April 8, 2011 by Nita A. Farahany

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 →

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The Daily Digest, 4/7/11

Posted on April 7, 2011 by Nita A. Farahany

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 →

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