Tag Archives: cruel and unusual punishment

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, 4/12/11

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, 3/18/11

Posted on March 18, 2011 by Nita A. Farahany

A number of cases have arisen in which a defendant prisoner raises a section 1983 claim and/or an Eighth Amendment cruel and unusual punishment claim for failing to provide adequate medical care. Particularly in the context of headaches and other … Continue reading →

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The Daily Digest – 3/10/11

Posted on March 10, 2011 by Nita A. Farahany

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, 3/2/11

Posted on March 2, 2011 by Nita A. Farahany

I’ve written previously about the two categories of criminal law and juvenile neuroscience cases: claims about juveniles as a category, and claims about individual impairments in juveniles. As I explained previously, tracking the use of behavioral science evidence in juvenile … Continue reading →

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The Daily Digest, 2/23/11

Posted on February 23, 2011 by Nita A. Farahany

Tracking the use of behavioral science evidence in juvenile criminal cases is more difficult than tracking it for adults. Juvenile cases often proceed under seal or confidentiality and the decisions rendered are rarely in legal databases. The result is that … Continue reading →

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The Daily Digest – 2/9/11

Posted on February 9, 2011 by Nita A. Farahany

Those following the intersection of cognitive neuroscience and law know that, to date, it has been used most frequently as mitigating evidence in capital sentencing. Like socioeconomic background or abusive childhood evidence, criminal defendants are now using cognitive neuroscience to … Continue reading →

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