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
-
Recent Posts
- 8th Amendment
- adolescent
- age
- Asperger's
- automobile accident
- Brady
- brain injury
- capacity
- capital
- causation
- civil commitment
- competency
- confrontation clause
- cruel and unusual punishment
- CSI
- cumulative
- daubert
- death penalty
- debt collection
- developing brain
- diminished capacity
- disability benefits
- discrimination
- double-edged sword
- due process
- eggshell plaintiff
- empirical data
- employer
- expert testimony
- eyewitness testimony
- fitness to stand trial
- frontal lobe
- future dangerousness
- genetic disorder
- GINA
- habeas
- head injury
- iac
- indifference
- insanity
- insurance
- invisible injury
- involuntary
- jury instructions
- juvenile
- lead poisoning
- malingering
- memory
- mental state
- mitigation
- MRI
- negligence
- neuroimaging
- neuropsychiatric
- PET
- PET scan
- privacy
- protective custody
- self-incrimination
- sexually violent predator
- stop and arrest
- survey
- SVP
- taser
- testamentary
- TI
- tolling
- torts
- Tourette's
- toxic
- toxic torts
- transfer
- trusts
- waiver
- wills
Law & Biosciences Enthusiasts
- 28,546 hits
SiteMeter
Tag Archives: mitigation
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, 4/13/11
[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, 4/7/11
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
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 – 3/7/11
Does brain damage mitigate criminal responsibility or punishment ? Should it count as “good” evidence about a defendant’s reasons for acting that should be balanced against “bad” reasons for his criminal conduct? In the case of Schriro v. Landrigan, the … Continue reading
Posted in Criminal, Neuroscience
Tagged death penalty, double-edged sword, iac, jury instructions, mitigation
1 Comment
The Daily Digest, 3/3/11
The Law and Memory Conference at Stanford Law School on April 1, 2011 will bring together leading scientists, practitioners and scholars on the intersection of law and memory. The conference will begin with the science, and then focus on the … Continue reading
Posted in Criminal, Neuroscience
Tagged cumulative, eyewitness testimony, iac, memory, mitigation
Leave a comment
The Daily Digest, 2/28/11
The week starts off with two failed brain damage/mitigation/capital cases. The first case is failure of mitigation at the trial level, and the second is a reversal of a successful PCRA claim. Neurological evidence is now introduced as mitigating evidence … Continue reading
