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Full-Text Articles in Law
Shaky Science: Shaken Baby Syndrome And Its Disproportionate Impact On False Convictions Of Women Of Color, Shae A. Woodburn
Shaky Science: Shaken Baby Syndrome And Its Disproportionate Impact On False Convictions Of Women Of Color, Shae A. Woodburn
William & Mary Journal of Race, Gender, and Social Justice
Shaken Baby Syndrome (SBS) is a controversial diagnosis and an even more controversial basis for conviction. The syndrome is questioned by scientists and doctors who have yet to come to a consensus on its diagnosis. Courts have permitted SBS evidence to be admitted in criminal trials, and many people have been convicted solely on the basis of this controversial diagnosis. This Note seeks to analyze the history of SBS, the conflicts in the medical and scientific community, standards of evidence that permit its admission in court, and how all of these factors converge in a way that disproportionately impacts women …
Trauma And Memory In The Prosecution Of Sexual Assault, Cynthia V. Ward
Trauma And Memory In The Prosecution Of Sexual Assault, Cynthia V. Ward
Faculty Publications
Part I of this article traces the history of the recovered memory movement in the criminal prosecution of sexual assault, discussing some prominent cases and their consequences for wrongly convicted defendants. Part II asks why the criminal law was so vulnerable to claims of sexual assault, and other violent crimes, that were often wildly improbable on their face. The article concludes that the structure of recovered memory theory had the effect of disabling checks in the criminal process which are designed to prevent unjust convictions. Part III applies that conclusion to the theory of Trauma-informed Investigation (TII) and the "Neurobiology …
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 …
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.
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.