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Nita A. Farahany
Prof. of Law and Philosophy
Prof. of Genome, Sciences and Policy
Duke Law School
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Tag Archives: developing brain
The Daily Digest, 5/27/11
Twice this year I have come across a case in which a juvenile offender has used evidence of his developing brain to challenge his transfer from the juvenile docket to adult court. In the case today, the defendant seems to … Continue reading
The Daily Digest, 5/26/11
The case today presents an interesting application of the developing brain theory in juveniles. The defendant, who was convicted of two counts of second degree murder and sentenced to two consecutive life sentences without the possibility of parole, sought to … Continue reading
The Daily Digest, 5/25/11
With the increase in neuroscience-based literature and educational opportunities directed to current and upcoming legal professionals, such as the upcoming ABA and AALS Neuroscience and Law webinar and the “Law & the Brain” course at Vanderbilt University Law School, individuals … Continue reading
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, 4/12/11
[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, 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
The Daily Digest, 3/2/11
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
Posted in Criminal, Neuroscience
Tagged adolescent, cruel and unusual punishment, developing brain, juvenile
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