Tag Archives: mitigation

The Daily Digest, 2/24/11

As I discussed earlier this week, criminal defendants often unsuccessfully seek post-conviction relief for ineffective assistance of counsel at trial for failing to introduce mitigating evidence of brain dysfunction. In my earlier post I noted the difference between a claim … Continue reading

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The Daily Digest, 2/21/11

Criminal defendants face a high burden when seeking relief for ineffective assistance of counsel at trial. A substantial portion of cognitive neuroscience or behavioral genetics based claims are raised by capital defendants who claim to have received ineffective assistance of … Continue reading

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The Daily Digest, 2/15/11

I’ve previously discussed how brain dysfunction may be a double-edged sword in criminal cases. Proving a criminal defendant is more impulsive than most, more likely to act irrationally, or more likely to react violently than others under stressful circumstances may … Continue reading

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The Daily Digest – 2/9/11

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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The Daily Digest, 2/8/11

Brain Dysfunction and Disability Benefits Strommer v. N.Y. State & Local Police And Fire Ret. Sys., 2011 WL 240153 (N.Y. App. 2011) A popular area for introducing cognitive neuroscience is to substantiate “invisible injuries” and claims in disability cases. In … Continue reading

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The Daily Digest – 2/7/11

Brain Damage and Automobile Accidents: Daubert hearing Amadio v. Glenn, 2011 WL 336721 (E.D.Pa. 2011) Becoming increasingly more prevalent is the introduction of neurological evidence to substantiate what I call “invisible injuries.” These are injuries which previously were difficult to … Continue reading

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The Daily Digest – 2/4/11

Mitigation and Brain Dysfunction Two run of the mill brain dysfunction and mitigation to report today. Neither successful. People v. Thomas, 2011 WL 321789 (Cal. 2011) Defendant was convicted of raping and murdering an 18-year-old student, and was sentenced to … Continue reading

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