Category Archives: Neuroscience

Daily Digest, 1/30/13, The Developing Brain

Let the fight over Graham begin. Last term, in Miller, the United States Supreme Court held that, in addressing this complicated issue, policymakers can no longer prescribe mandatory life without parole sentences for juveniles, even for the most serious homicide … Continue reading

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The Daily Digest, 1/18/2013, Automatism

Automatism vs. Insanity – Affirmative Defense or Negation of Mens Rea and Actus Reus? While you read about automatism or unconsciousness in case books, you don’t often see them in judicial opinions. In the case today, the defendant argued that … Continue reading

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Back by popular demand – the digest! Equitable Tolling

Back by popular demand is the daily digest of law and biosciences cases, particularly those related to criminal law. The defense is still at it, but they aren’t having much luck with claims of equitable tolling based on poor memory … Continue reading

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Law and Biosciences Fellowship Opportunity!

Duke Institute for Genome Sciences & Policy: Law and Biosciences Fellowship Duke University invites applications for the 2013-2014 Fellowship Program at the Institute for Genome Sciences and Policy. Background: This fellowship is ideal for individuals who are interested in an … Continue reading

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The Daily Digest, 6/6/2011

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, 6/2/2011

The frontal lobe region of the brain has been implicated in executive functioning, planning, and premeditation. Individuals with neurological deficits, particularly in executive functioning, are more likely to act impulsively, without premeditation, and without anticipation of the consequences of their … Continue reading

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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

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