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Full-Text Articles in Law

My Brain Is So Wired; Neuroimaging's Role In Competency Cases Involved Persons With Mental Disabilities, Michael L. Perlin, Alison Lynch Jan 2018

My Brain Is So Wired; Neuroimaging's Role In Competency Cases Involved Persons With Mental Disabilities, Michael L. Perlin, Alison Lynch

Articles & Chapters

In this article, we consider the therapeutic jurisprudence implications of the use of neuroimaging techniques in assessing whether a defendant is competent to stand trial, a topic that has been the subject of no prior legal commentary. Recent attention paid to neuroscience in the criminal process has focused on questions of mitigation and competency to be executed, but the potential of such evidence transcends these areas.

There has been almost no attention paid to its potential impact on a critical intersection between the criminal trial process and inquiries into mental or psychological status: a defendant’s trial competency. Less than a …


She's Nobody's Child/The Law Can't Touch Her At All': Seeking To Bring Dignity To Legal Proceedings Involving Juveniles, Michael L. Perlin, Alison Lynch Jan 2018

She's Nobody's Child/The Law Can't Touch Her At All': Seeking To Bring Dignity To Legal Proceedings Involving Juveniles, Michael L. Perlin, Alison Lynch

Articles & Chapters

Recent Supreme Court decisions declaring unconstitutional both capital punishment (Roper v. Simmons, 2005) and life without parole (Graham v. Florida, 2010) in cases involving juveniles might lead a casual observer to think that we are now in an era in which dignity of juveniles is privileged in the legal system and in which humiliation and shame are subordinated. This observation, sadly, would be wrong.

Inquiries into a range of issues involving juveniles – commitment to psychiatric institutions; trials in juvenile courts; aspects of criminal procedure that, in many jurisdictions, bar juveniles from raising the incompetency status or the insanity defense; …


State V. Hill, Nazariy Gavrysh Jan 2018

State V. Hill, Nazariy Gavrysh

NYLS Law Review

No abstract provided.


United States V. Ammons, Rebecca Ruffer Jan 2018

United States V. Ammons, Rebecca Ruffer

NYLS Law Review

No abstract provided.