Tag Archives: death penalty

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

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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

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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

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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

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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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