Tag Archives: cruel and unusual punishment

The Daily Digest, 4/14/11

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

Posted in Criminal, Neuroscience | Tagged , , , | Leave a comment

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 , , | Leave a comment

The Daily Digest, 3/18/11

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

Posted in Civil | Tagged , | Leave a comment

The Daily Digest – 3/10/11

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

Posted in Civil, Criminal, Neuroscience | Tagged , , , | Leave a comment

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 , , , | Leave a comment

The Daily Digest, 2/23/11

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

Posted in Criminal, Neuroscience | Tagged , , , , | Leave a comment

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

Posted in Civil, Criminal, Neuroscience | Tagged , , , , , | 1 Comment