Law Commons^™

Intelligence Testing And Atkins: Considerations For Appellate Courts And Appellate Lawyers, Lajuana Davis

The Journal of Appellate Practice and Process

No abstract provided.

Fundamental Retribution Error: Criminal Justice And The Social Psychology Of Blame, Donald A. Dripps

Vanderbilt Law Review

At least since the M'Naghten case of the 1840s,' Anglo- American criminal law has concerned itself closely, famously, and contentiously with the psychology of the accused. Another significant body of scholarship addresses the psychology of juries, and other valuable research has approached some of the rules of criminal evidence from the perspective of social and cognitive psychology. There has, however, yet to be a general investigation of what social cognition research might teach us about the criminal law's pervasive concern with blameworthiness.

This Article undertakes that investigation. It brings research on the psychology of social cognition to bear on the …

The Forseeability Of Transference: Extending Employer Liability Under Washington Law For Therapist Sexual Exploitation Of Patients, Timothy E. Allen

Washington Law Review

Transference, or the idealization of therapists, is a phenomenon that is foreseeable in every relationship between a therapist and a patient, and makes patients uniquely vulnerable to sexual exploitation by therapists. Transference has been recognized as a basis for finding therapists directly liable for harm resulting from sexual relations with patients. However, limitations on damages directly available from therapists lead patients to seek redress from therapists' employers under theories of employer liability. Washington courts generally deny victimized patients relief from the employers of sexually exploitative therapists. This Comment argues that Washington courts should impose employer liability when therapists sexually exploit …

Breaking The Camel's Back: A Consideration Of Mitigatory Criminal Defenses And Racism-Related Mental Illness, Camille A. Nelson

Michigan Journal of Race and Law

This article will examine the concept of racist words, symbols, and actions that are used as weapons to "ambush, terrorize, wound, humiliate, and degrade,” as psychological and physiological violence. The implications of such violence are relevant to several affirmative defenses and, indeed, to the initial formulation of mens rea. The historical and contextual legacy that is intentionally invoked by the utilization of racialized violence is what separates the racial epithet or racially violent symbolism from other distressing insults and slurs. While First Amendment protection extends to offensive or insulting speech, the mental and physical sequelae of such speech, even absent …

The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind

UIC Law Review

No abstract provided.

A Healer Or An Executioner - The Proper Role Of A Psychiatrist In A Criminal Justice System, Gregory Dolin

Journal of Law and Health

This article argues that despite the benefits of ridding the criminal justice system of some uncertainty and ignorance with respect to mental health issues, the very close involvement of psychiatrists in the criminal justice system as practiced in the United States is not only illogical and bad policy, but also unethical from the viewpoint of medical ethics. Part II of this article will lay the groundwork for the argument by discussing the history of the insanity defense, and of science's involvement with criminal justice; while Part III, will look into the association of science and the administration of justice in …