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- Atkins v. Virginia (536 U.S. 304 (2002)) (7)
- Capital Punishment (7)
- Cruel and Unusual Punishment (7)
- Mentally Disabled Persons (7)
- United States Constitution 8th Amendment (7)
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- Virginia (7)
- Expert Evidence (5)
- Florida (2)
- Hall v. Florida (134 S. Ct. 1986 (2014)) (2)
- W&M Faculty (2)
- Attributional Biases (1)
- Brady v. Maryland (373 U.S. 83 (1963)) (1)
- Discovery (1)
- Evidence (1)
- Forensic Psychiatry (1)
- Juvenile Offenders (1)
- Public Prosecutors (1)
- Roper v. Missouri ex rel. Simmons (543 U.S. 551 (2005)) (1)
- Social Identity (1)
- Testimony (1)
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Articles 1 - 9 of 9
Full-Text Articles in Law and Psychology
The Challenge Of Convincing Ethical Prosecutors That Their Profession Has A Brady Problem, Adam M. Gershowitz
The Challenge Of Convincing Ethical Prosecutors That Their Profession Has A Brady Problem, Adam M. Gershowitz
Faculty Publications
In recent decades, both the media and legal scholars have documented the widespread problem of prosecutors failing to disclose favorable evidence to the defense – so called Brady violations. Despite all of this documentation however, many ethical prosecutors reject the notion that the criminal justice system has a Brady problem. These prosecutors – ethical lawyers who themselves have not been accused of misconduct – believe that the scope of the Brady problem is exaggerated. Why do ethical prosecutors downplay the evidence that some of their colleagues have committed serious errors?
This essay, in honor of Professor Bennett Gershman, points to …
A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court’S Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily Paavola
A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court’S Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily Paavola
William & Mary Bill of Rights Journal
No abstract provided.
Scientizing Culpability: The Implications Of Hall V. Florida And The Possibility Of A “Scientific Stare Decisis”, Christopher Slobogin
Scientizing Culpability: The Implications Of Hall V. Florida And The Possibility Of A “Scientific Stare Decisis”, Christopher Slobogin
William & Mary Bill of Rights Journal
The Supreme Court’s decision in Hall v. Florida held that “clinical definitions” control the meaning of intellectual disability in the death penalty context. In other words, Hall “scientized” the definition of a legal concept. This Article discusses the implications of this unprecedented move. It also introduces the idea of scientific stare decisis—a requirement that groups that are scientifically alike be treated similarly for culpability purposes—as a means of implementing the scientization process.
The Daryl Atkins Story, Mark E. Olive
The Daryl Atkins Story, Mark E. Olive
William & Mary Bill of Rights Journal
No abstract provided.
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling, Scott E. Sundby
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling, Scott E. Sundby
William & Mary Bill of Rights Journal
In striking down the death penalty for intellectually disabled and juvenile defendants, Atkins v. Virginia and Roper v. Simmons have been understandably heralded as important holdings under the Court’s Eighth Amendment jurisprudence that has found the death penalty “disproportional” for certain types of defendants and crimes. This Article argues, however, that the cases have a far more revolutionary reach than their conventional understanding. In both cases the Court went one step beyond its usual two-step analysis of assessing whether imposing the death penalty violated “evolving standards of decency.” This extra step looked at why even though intellectual disability and youth …
Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis
Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis
William & Mary Bill of Rights Journal
No abstract provided.
Does Atkins Make A Difference In Non-Capital Cases? Should It?, Paul Marcus
Does Atkins Make A Difference In Non-Capital Cases? Should It?, Paul Marcus
William & Mary Bill of Rights Journal
No abstract provided.
Challenges Of Conveying Intellectual Disabilities To Judge And Jury, Caroline Everington
Challenges Of Conveying Intellectual Disabilities To Judge And Jury, Caroline Everington
William & Mary Bill of Rights Journal
No abstract provided.
Psychiatric Evidence In Criminal Trials: To Junk Or Not To Junk?, Christopher Slobogin
Psychiatric Evidence In Criminal Trials: To Junk Or Not To Junk?, Christopher Slobogin
William & Mary Law Review
No abstract provided.