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

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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

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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, 3/22/11

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

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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, 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

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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

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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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