Tag Archives: competency

The Daily Digest, 6/6/2011

Posted on June 6, 2011 by Nita A. Farahany

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 →

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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, 4/8/11

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, 3/30/11

Posted on March 30, 2011 by Nita A. Farahany

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 →

Posted in Criminal, Neuroscience | Tagged , , | 2 Comments

The Daily Digest, 3/15/11

Posted on March 15, 2011 by Nita A. Farahany

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 – 3/11/11

Posted on March 11, 2011 by Nita A. Farahany

Competency proceedings are a natural area where one should expect increasing use of behavioral science to substantiate defendants’ claims of incompetency. Because competency is an individualized and subjective determination, rather than an objective or reasonableness determination, behavioral sciences (including behavioral … Continue reading →

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The Daily Digest – 2/1/11

Posted on February 1, 2011 by Nita A. Farahany

Welcome! For the past few years, I have been keeping track of the cases in which behavioral genetics or neuroscience have been discussed in legal opinions. Given the growing interest in the area, starting this month, I will post a … Continue reading →

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