Atkins MR/ID Death Penalty Court Decisions: Ortiz v US (2011) and Blue v Thaler (TX, 201)

Thanks to Kevin Foley for sending me two recent Atkins decisions.

The first is Ortiz v US (2011). A prior decisions regarding this case are here. I will not comment on this case as I provided an expert deposition and was also part of the amicus brief by Concerned Experts in Mental Retardation/Intellectual Disability.

The second is Blue v Thaler (TX, 2011), with a prior 2010 decision also being available. Of interest was the courts treatment (or lack thereof) of the Flynn Effect.

"The Court of Criminal Appeals refuses to apply the Flynn Effect in Atkins cases. Blue, 230 S.W.3d at 166 (“This Court has never specifically addressed the scientific validity of the Flynn Effect. Nor will we attempt to do so now. Rather than try to extrapolate an accurate IQ by applying an unexamined scientific concept to an incomplete test score, we will simply regard the record as it comes to us as devoid of any reliable IQ score.”). This comports with the federal jurisprudence stating that the Flynn Effect “has not been accepted in [the Fifth] Circuit as scientifically valid[.]” Mathis, 443 F.3d at 433 n.1 (citing In re Salazar, 443 F.3d 430, 433 n.1 (5th Cir. 2006)). The Court will not apply the Flynn Effect to lower the results of Blue’s IQ scores."

So what we have is a federal appeals court which won't address the Flynn Effect or even mention it by name - all based on a false assumption made in the Texas Court of Criminal Appeals - that the FE is an unexamined scientific concept.  I disagree with this assessment as considerable evidence has been presented regarding the scientific acceptance of the Flynn Effect by intelligence scholars.

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The most awesome quantoid XMAS gift ever - for the geeks (me)

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Book nook: Review of Cambridge Handbook of Intelligence

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USA TODAY: 'Speeding train' interrogations can fuel false confessions

Check out this article that I saw in USA TODAY's iPad application.

'Speeding train' interrogations can fuel false confessions
http://usat.ly/us6YLk

To view the story, click the link or paste it into your browser.

To learn more about USA TODAY for iPad and download, visit: http://usatoday.com/ipad/

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IQs Corner Intelligent Insights e-paper now more comprehensive

IQs Corner e-paper is now greatly expanded in coverage.



Go to www.iqscorner.com to subscribe.





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Top-Ten Recent SSRN Downloads

Top-Ten Recent SSRN Downloads

CrimProf Blog

in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 304 Racial Critiques of Mass Incarceration: Beyond the New Jim Crow James Forman, Yale University - Law School, Date posted to database: November...

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Research briefs 12-26-11

Murphy, P. (2011). The Psychiatrist as Expert Witness, 2nd edition, by T.G. Gutheil. Criminal Behaviour and Mental Health, 21(5), 365-366.

Robst, J., Constantine, R., Andel, R., Boaz, T., & Howe, A. (2011). Factors related to criminal justice expenditure trajectories for adults with serious mental illness. Criminal Behaviour and Mental Health, 21(5), 350-362.

Vinkers, D. J., DeBeurs, E., Barendregt, M., Rinne, T., & Hoek, H. W. (2011). The relationship between mental disorders and different types of crime. Criminal Behaviour and Mental Health, 21(5), 307-320

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NeruroLaw@TheNeuroScience, 12/24/11 7:26 AM

Neuro Science (@TheNeuroScience) 12/24/11 7:26 AM NeuroLaw: Do we have a responsibility to use neuroscience to inform law? sns.mx/qvi8y4

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NEW RESOURCES: Bureau of Justice Statistics Releases Capital Punishment, 2010

The Bureau of Justice Statistics released its annual report on capital punishment in the United States in December 2011, containing tables and information on the death penalty for the previous year (2010). Information drawn from the report includes:

• Those executed in 2010 spent the longest time on death row, on average, than inmates executed in any previous year. The average time between sentencing and execution for all those executed in 2010 was 14.8 years.
• During 2010, 119 inmates were removed from under sentence of death: 53 were removed as a result of sentences or convictions overturned or commutations of sentences, and 20 died by means other than execution. Of the 119 inmates, only 46 (38%) were executed.
• By the end of 2010, 388 individuals of Hispanic origin were under the sentence of death, accounting for 12% of the nation's death row populations.
• Four states (California, Florida, Texas and Pennsylvania) accounted for more than 50% of all inmates on death row.
• Of the 7,879 inmates under sentence of death between 1977 and 2010, only 16% had been executed. Six percent (6%) died by causes other than execution, and 39% received other dispositions.

(Bureau of Justice Statistics, Capital Punishment, 2010 - Statistical Tables, December 2011). For information on the death penalty in 2011, see also DPIC's Year End Report. See Death Row and Sentencing.

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Jochnowitz on Capital Jurors and Mitigating Evidence

Leona Deborah Jochnowitz has posted How Capital Jurors Respond to Mitigating Evidence of Defendant's Mental Illness, Retardation, and Situational Impairments: An Analysis of the Legal and Social Science Literature (Criminal Law Bulletin, Vol. 47, No. 5, p. 839, 2011) on...

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Top-Ten Recent SSRN Downloads

in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 281 Racial Critiques of Mass Incarceration: Beyond the New Jim Crow James Forman, Yale University - Law School, Date posted to database: November...

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Cautions on neuroscience in courtroom@PsychNews, 12/17/11 9:01 PM

Psychology News (@PsychNews) 12/17/11 9:01 PM Royal Society Warns Against Legal Uses of Neuroscience bit.ly/ucrj4b

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BBC News - Age of criminal responsibility 'too low', experts say

http://www.bbc.co.uk/news/uk-16153045

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Levy & Sinnott-Armstrong on Insanity Defenses

Ken Levy and Walter Sinnott-Armstrong (Louisiana State University, Baton Rouge - Paul M. Hebert Law Center and affiliation not provided to SSRN) have posted Insanity Defenses (OXFORD HANDBOOK ON THE PHILOSOPHY OF THE CRIMINAL LAW, p. 299, John Deigh &...

http://lawprofessors.typepad.com/crimprof_blog/2011/12/levy-sinnott-armstrong-on-insanity-defenses.html

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Research Briefs: Medical Law Review special issue on mental health and the law

GloverThomas, N. (2011). THE AGE OF RISK: RISK PERCEPTION AND DETERMINATION FOLLOWING THE MENTAL HEALTH ACT 2007. Medical Law Review, 19(4), 581-605.

GloverThomas, N. (2011). Special issue: Mental Health Law in Motion - Confronting New Challenges in the Modern Psychiatric Landscape. Medical Law Review, 19(4), 507-513.

McHale, J. V. (2011). MENTAL HEALTH LAW AND THE EU: THE NEXT NEW REGULATORY FRONTIER? Medical Law Review, 19(4), 606-635.

Mcsherry, B., & Wilson, K. (2011). DETENTION AND TREATMENT DOWN UNDER: HUMAN RIGHTS AND MENTAL HEALTH LAWS IN AUSTRALIA AND NEW ZEALAND. Medical Law Review, 19(4), 548-580.

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National Science Foundation New Funding Solicitation - Arlington, VA

The Law & Social Sciences (LSS) Program at the National Science Foundation is pleased to announce the release of a new funding solicitation.  There are full proposal target dates of Jan. 24, 2012, July 16, 2012, and July 15 annually thereafter.

The LSS program supports social scientific studies of law and law-like systems of rules. Successful proposals describe research that advances scientific theory and understanding of the connections between law or legal processes and human behavior. The program funds the best proposals submitted within the field broadly defined, regardless of specific subfield, and strives to support an interdisciplinary community of scholars studying relevant topics.

nh

http://feedproxy.google.com/~r/LegalScholarshipBlog/~3/szNODSSTLQc/

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Neuroscience and the law@TheBrainScience, 12/14/11 5:34 PM

Brain Science (@TheBrainScience) 12/14/11 5:34 PM Will Neuroscience Revolutionize the Legal System? Not Any Time Soon. sns.mx/Ymfdy4

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Roberts and Lipnevich in "General to Multiple Intelligences": CHC model and WJ III, WISC-IV Integrated, SB5, KABC-III

This chapter is part of the above refernced book available at the following link:

http://www.apa.org/pubs/books/4311503.aspx










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Research byte: Greenspan et al on ID/MR and a theory of common sense

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Neuroscience and the Law (News and Features)

Researchers can describe differences in the brains of psychopaths, addicts, and developing humans (a k a teenagers), compared with normally behaving adults. But no one is ready to predict a person's behavior based on a brain scan, warned panelists during a public symposium at the recent Society for Neuroscience annual meeting.

http://www.dana.org/news/features/detail.aspx?id=34710

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Deep thoughts about thoughts and punishment

Via SSRN, I just saw this interesting new article titled "Neuroscience, Normativity, and Retributivism" by Michael Pardon and Dennis Patterson, which comes with this abstract:

From sentencing and law blog

http://sentencing.typepad.com/sentencing_law_and_policy/2011/12/deep-thoughts-about-thoughts-and-punishment.html

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Death Penalty and LWOP Conference at the University of Miami

Symposium Announcement: The 2012 University of Miami Law Review Symposium will focus on the death penalty and life without parole, and will feature Jordan Steiker of the University of Texas Law School as keynote speaker. The symposium is scheduled for...

http://lawprofessors.typepad.com/crimprof_blog/2011/12/death-penalty-and-lwop-conference-at-the-.html

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Death by Jury: Group Dynamics and Capital Sentencing

http://www.jaapl.org/content/39/4/602.full?etoc

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Right to Neuropsychological Examination for Death Sentence Mitigation

http://www.jaapl.org/content/39/4/589.full?etoc

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Jury Instructions Regarding Death Penalty Mitigating Factors

http://www.jaapl.org/content/39/4/579.full?etoc

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Meeting the Needs of Those Persons With Serious Mental Illness Who Are Most Likely to Become Criminalized

http://www.jaapl.org/content/39/4/549.abstract?etoc

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The Kentucky Death Penalty Assessment Report

http://justcrim.typepad.com/deathpenalty/2011/12/the-kentucky-death-penalty-assessment-report.html

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Atkins MR/ID Death Penalty Decision: "When in doubt...give 'em a hearing." Guest post by Kevin Foley re Branch v Epps (2011)

This is a quest post by Kevin Foley.

        Anyone familiar with the Atkins cases knows that there are cases where, despite a colorable claim of intellectual disability, the courts have refused to give the defendant an opportunity to fully develop the claim with appropriate expert assistance and/or an evidenciary hearing.  Lawrence Branch’s case is one of those cases. 

            Several months before Atkins was decided, Branch was assessed by a psychologist who “found Petitioner’s full-scale IQ score to be 84, his reading ability to be at a high school level, and his mathematic skills to be at a sixth grade level.” Branch v. Epps, 4:07-cv-138 (N.D. Miss. Dec. 2, 2011).  Despite the fact that Branch had been labeled as mentally retarded when a child, the Mississippi Supreme Court refused to grant Branch a hearing, finding his mental retardation claim to be without merit.  Branch v. State, 882 So.2d 36 (Miss. 2004).

            Branch moved for rehearing from the rejection of his appeal and attached to it the affidavit of psychologist Dr. Daniel H. Grant, who stated that all the documents submitted to him for review “support a diagnosis of mental retardation.”  The court granted the State’s motion to strike the affidavit, and denied the motion for rehearing.  Branch later moved for post-conviction relief, which was denied, and in his 2007 appeal to the Mississippi Supreme Court from this denial,  he argued that he had “not been afforded an opportunity to present a mental retardation claim.”  The Mississippi high court, relying on its earlier “paper review” of Branch’s ID claim, labeled Branch’s assertion “false” and denied relief.  Branch v. State, 961 So.2d 659 (Miss. 2007).

            As is typically seen in the Atkins cases, Branch’s next move was to seek habeas corpus relief in a federal district court.  Here, the court agreed “to hold an evidentiary hearing and to

review Petitioner’s claim without the deference ordinarily afforded under the AEDPA[federal habeas law].”  Interestingly, the court did not need an evidenciary hearing because, after a more complete assessment and analysis of the evidence, the State “filed a notice confessing that Petitioner suffers from mental retardation.” Branch v. Epps, slip op. at 10.  In other words, after fighting for years to keep Branch from getting a full hearing on his ID claim, the state was forced to concede the issue, once an appropriate assessment had been done.

            As for the earlier full scale IQ score of 84 from 2002, an examination of the raw data “reveals that a student administered the intelligence testing and made several errors in scoring and administration that make the report invalid.  . .  Discounting the invalid 2002 score, the remainder of Petitioner’s obtained scores fall within the range of mild mental retardation.” Id. at 11.  Unfortunately, the psychological report that discussed the raw data has been sealed by the federal court and is not available for review. Ostensibly, however, the state had ample opportunity to dispute the conclusions related to the 2002 testing, and it must have agreed that the 2002 testing was infirm.

            Branch’s case illustrates the need for appropriate assessments, proper hearings, and caution when using earlier IQ scores that have not been examined for accuracy.   While every Atkins claimant is obviously not ID, whenever there is a colorable claim of ID, due process demands the individual have his day in court.

Technorati Tags: Atkins case, mental retardation, intellectual disability, Atkins death penalty, Branch v Epps, capital punishment, death penalty

Atkins MR/ID Death Penalty Court Decisions: Anderson v Arkansas (2004, 22011)

Thanks (again) to Kevin Foley for sending me the recent Anderson v Arkansas (2011) Atkins decision.  The prior 2004 decision is also available here.

In 2004 Anderson was granted a new sentencing hearing.  He was sentenced to death and file a petition for post-conviction relief.  The petition was denined and that 2011 decison affirms the denial of the petition.

Technorati Tags: Atkins cases, mental retardation, intellectual disability, Anderson v Arkansas, Atkins death penalty, death penalty, capital punishment

Book nook: "Deathquest: An Introduction to the Theory and Practice of Capital Punishment in the United S

The fourth edition of Robert Bohm's "Deathquest: An Introduction to the Theory and Practice of Capital Punishment in the United States," is now available through Anderson Publishing.  

(R. Bohm, "Deathquest: An Introduction to the Theory and Practice of Capital Punishment in the United States," Forthcoming in 2012).  

<snip>. Rest of post can be read at link below

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'Thank God for the Lawyers': Some Thoughts on the (Mis)Regulation of Scientific Misconduct@SSRN, 12/9/11 12:07 PM

SSRN (@SSRN) 12/9/11 12:07 PM This Week's Top 5 Papers: bit.ly/rWm0L8 #SSRN

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The brain on trial@Neurotechnology, 12/9/11 2:01 PM

Brain Technology (@Neurotechnology) 12/9/11 2:01 PM The brain on trial, several experts discuss the rising influence of neuroscience in the courtroom kavlifoundation.org/science-spotli…

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American Bar Association Releases Assessement of Kentucky's Death Penalty

On December 7, the American Bar Association released a report assessing Kentucky's system of captial punishment and calling for a halt to executions in the state.  

(Press Release, "Two Year Assessment of Death Penalty Procedures Prompts Call for Suspension of Executions in Kentucky," American Bar Association, December 7, 2011).  Read full report here.  See Representation and Studies.

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Atkins MR/ID Court Decision: Hill v Humphrey (GA; 2011; 11th Circuit Court) 2011)

Thanks to Kevin Foley for sending me the interesting Warren Lee Hill, Jr. V Carl Humphrey Atkins decision by the 11th Circuit Court of Appeals .  Of interest is the length of the opinion (110 pages).  Next, this was en banc decision decided by 11 judges (not the usual 3).  Finally, there was only one major issue---whether Georgia's proof beyond a reasonable doubt standard is unconstitutional.  The majority said no.   Judge Rosemary Barkett's dissent was recommended reading to me (begins on page 66). She contends that the standard is so hard to meet, that those with mild ID/MR are sure to lose, even though they are ID.  "The state court’s decision, however, endorses the use of a standard of proof so high that it effectively limits the constitutional right protected in Atkins to only those who are severely or profoundly mentally retarded."  pg 70 The prior 2010 appeals decision can be found here. The current decision can be found here.  

Humor break. Some stat humor

Primus on Federal Habeas Law

Eve Brensike Primus (University of Michigan Law School) has posted A Crisis in Federal Habeas Law (Michigan Law Review, Vol. 110, April 2012) on SSRN. Here is the abstract: Everyone recognizes that federal habeas doctrine is a mess. Broad change...

http://lawprofessors.typepad.com/crimprof_blog/2011/12/primus-on-federal-habeas-law.html

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J Am Acad Psychiatry Law Table of Contents for 1 December 1975; Vol. 3, No. 4

Subject: J Am Acad Psychiatry Law Table of Contents for 1 December 1975; Vol. 3, No. 4

Home Current Issue Archives Contact Subscribe Alerts Help

JAAPL Online Table of Contents Alert

A new issue of Journal of the American Academy of Psychiatry and the Law Online is available online:

1 December 1975; Vol. 3, No. 4

The below Table of Contents is available online at: http://www.jaapl.org/content/vol3/issue4/index.dtl?etoc

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ARTICLES

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Editorial

Henry H. Foster, ESQ.

J Am Acad Psychiatry Law 1975;3 iv
http://www.jaapl.org/cgi/reprint/3/4/iv

The Tort Liability of the Psychiatrist

Sue Ellen Fishalow

J Am Acad Psychiatry Law 1975;3 191-230
http://www.jaapl.org/cgi/reprint/3/4/191

Aphasia and the Expert Medical Witness

Richard T. Rada, Bruce E. Porch, and Robert Kellner

J Am Acad Psychiatry Law 1975;3 231-237
http://www.jaapl.org/cgi/reprint/3/4/231

The Right of the Defendant to Refuse an Insanity Plea

Olga M. Bruning

J Am Acad Psychiatry Law 1975;3 238-244
http://www.jaapl.org/cgi/reprint/3/4/238

The Influence on Judges' Sentencing Practices of a Mental Evaluation

Gerald Cooke and Eric Pogany

J Am Acad Psychiatry Law 1975;3 245-251
http://www.jaapl.org/cgi/reprint/3/4/245

Cross-Cultural Forensic Psychiatry in Alaska

Joseph D. Bloom

J Am Acad Psychiatry Law 1975;3 252-256
http://www.jaapl.org/cgi/reprint/3/4/252

Causative Factors in Violence

Warren S. Wille

J Am Acad Psychiatry Law 1975;3 257-261
http://www.jaapl.org/cgi/reprint/3/4/257

The Devil's Advocate

Henry H. Foster, ESQ.

J Am Acad Psychiatry Law 1975;3 263-264
http://www.jaapl.org/cgi/reprint/3/4/263

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BOOK REVIEWS

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Malpractice Made Easy—Can You Believe That?

Alan R. Rosenberg and Jonas R. Rappeport

J Am Acad Psychiatry Law 1975;3 262
http://www.jaapl.org/cgi/reprint/3/4/262

The 5th Annual ABA Journal Blawg 100

http://www.abajournal.com/mobile/article/the_5th_annual_aba_journal_blawg_100/

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Research byte: What does the Mini-Mental State Exam measure?

Tim Salthouse does top notch psychometric research.  

Correlates of level and change in the Mini-Mental State Examination.

Page 811-818

Soubelet, Andrea; Salthouse, Timothy A.

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Research brief: IRT-based model of structure of criminal thinking test items

Toward a hierarchical model of criminal thinking: Evidence from item response theory and confirmatory factor analysis.

Page 925-936

Walters, Glenn D.; Hagman, Brett T.; Cohn, Amy M.

http://psycnet.apa.org/journals/pas/23/4/925/

Atkins ID/MR death penalty court decision: Frazier v Bobby (2011, Ohio)

Another recent Atkins decision. Frazier v Bobby (2011, Ohio). Thanks to Kevin Foley for sending me the copy.

Let the data speak: CHC theory of intelligence tipping point in mainstream intelligence research

From IQs Corner blog.  An indicator that the CHC "tipping point" has moved beyond the applied field of school psychology IQ testing and has occurred in mainstream intelligence research

Intelligent Insights on Intelligence Theories and Tests (aka IQ's Corner)

---

Let the data speak. McGrew (2009) CHC intelligence article #6 most cited in journal Intelligence Posted: 26 Nov 2011 05:03 PM PST I was just doing some fun web browsing at the journal web site for the most prestigious journal in the field of intelligence (Intelligence) and was pleasantly surprised to see that my 2009 invited editorial is currently among the most cited articles in the journal (#6), and was #12 in the most read articles. Damn....this makes my day. Thanks to all who have read and cited it. This will make my mom and dad proud. CHC theory and the human cognitive abilities project: Standing on the shoulders of the giants of psychometric intelligence research. Intelligence, Volume 37, Issue 1, January 2009, Pages 1-10, McGrew, K.S. Abstract During the past decade the Cattell-Horn Gf-Gc and Carroll Three-Stratum models have emerged as the consensus psychometric-based models for understanding the structure of human intelligence. Although the two models differ in a number of ways, the strong correspondence between the two models has resulted in the increased use of a broad umbrella term for a synthesis of the two models (Cattell-Horn-Carroll theory of cognitive abilities-CHC theory). The purpose of this editorial is three-fold. First, I will describe the CHC framework and recommend that intelligence researchers begin using the CHC taxonomy as a common nomenclature for describing research findings and a theoretical framework from which to test hypotheses regarding various aspects of human cognitive abilities. Second, I argue that the emergence of the CHC framework should not be viewed as the capstone to the psychometric era of factor analytic research. Rather, I recommend the CHC framework serve as the stepping stone to reinvigorate the investigation of the structure of human intelligence. Finally, the Woodcock-Muñoz Foundation Human Cognitive Abilities (HCA) project, which is an evolving, free, on-line electronic archive of the majority of datasets analyzed in Carroll's (1993) seminal treatise on factor analysis of human cognitive abilities, is introduced and described. Intelligence scholars are urged to access the Carroll HCA datasets to test and evaluate structural models of human intelligence with contemporary methods (confirmatory factor analysis). In addition, suggestions are offered for linking the analysis of contemporary data sets with the seminal work of Carroll. The emergence of a consensus CHC taxonomy and access to the original datasets analyzed by Carroll provides an unprecedented opportunity to extend and refine our understanding of human intelligence. © 2008 Elsevier B.V. All rights reserved.

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APA guidelines for assessment and intervention with people with disabilities

http://psycnet.apa.org/psycinfo/2011-26975-001/

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Book nook: Review of Ethical Issues in Forensic Psychiatry: Do no Harm

http://psycnet.apa.org/index.cfm?fa=main.doiLanding&uid=2011-20013-001

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Top-Ten Recent SSRN Downloads

in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 374 Overcriminalization 2.0: The Symbiotic Relationship Between Plea Bargaining and Overcriminalization Lucian E. Dervan, Southern Illinois University School of Law, Date posted to...

http://lawprofessors.typepad.com/crimprof_blog/2011/11/top-ten-recent-ssrn-downloads-1.html

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The brain and the law: 2011 symposium video (2.5 hours)

Long video, but starting points are provided for the different speakers. An interesting set of talks.

http://thatsbasicscience.blogspot.com/2011/11/your-legal-brain.html

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Vanderbilt law and neuroscience program@TheNeuroScience, 11/17/11 11:25 AM

Neuro Science (@TheNeuroScience) 11/17/11 11:25 AM Innovative Vanderbilt program combines neuroscience and law sns.mx/qrhCy4

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Annual Review of Law: Individual differences influence deterrence of legal punishments

http://www.annualreviews.org/toc/lawsocsci/7/1#/doi/full/10.1146/annurev-lawsocsci-102510-105404

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Annual Reviews: The laws use of neuroscience

http://www.annualreviews.org/doi/abs/10.1146/annurev-lawsocsci-102209-152948

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"Review of Martha J. Farah, ed., Neuroethics: An Introduction with Readings"

Review of Martha J. Farah, ed., Neuroethics: An Introduction with Readings Cambridge, MA: MIT Press, 2010, xv+379 pp. 70US(cloth) 35 US (paper) by Walter Glannon has been published in the most recent issue of Neuroethics.

http://kolber.typepad.com/ethics_law_blog/2011/11/review-of-martha-j-farah-ed-neuroethics-an-introduction-with-readings.html

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Blogging status: BlogPress on the fritz and IAP's blogs going pro

Regular readers may have noticed a significant decrease in blog posts the past few weeks.  Why? 

I had moved all my blogging to my iPad as I have found it a much more efficient method for posting.  However, a few weeks ago Apple released its new IOS5.0 operating system.  After updating my iPad, my BlogPress app would crash.  I visited the developers web page and they had a note indicating they were aware of the crash and had submitted a fix to Apple for review.  I have been checking daily for the app upate, but it is not showing up.  So, please be patient.  I may go "old school" and do some blogging from my PC.

Also, I am just starting work with a professional web development company to integrate my IAP web page and professional blogs into a single professional looking (andmore efficient) web portal..  I will be spending significant time working with the developer on this new internet portal and migration of materials to the new server.  I have no idea how long this will take.

In the end the work will be worth it......so be patient.  I will do what I can to get back "up" and blogging with more regularity.  As soon as BlogPress gets the new app, you should see an uptick in posts. 

Thanks for your patience

"Is There a Need for Clinical Neuroskepticism?" - Neuroethics & Law Blog

http://kolber.typepad.com/ethics_law_blog/2011/11/is-there-a-need-for-clinical-neuroskepticism.html

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Top-Ten Recent SSRN Downloads

in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 618 Self-Defense Larry Alexander, University of San Diego School of Law, Date posted to database: September 8, 2011 2 360 Overcriminalization 2.0: The...

http://lawprofessors.typepad.com/crimprof_blog/2011/11/top-ten-recent-ssrn-downloads.html

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Kevin McGrew, PhD

Educational Psychologist

Top-Ten Recent SSRN Downloads

in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 612 Self-Defense Larry Alexander, University of San Diego School of Law, Date posted to database: September 8, 2011 2 358 Overcriminalization 2.0: The...

http://lawprofessors.typepad.com/crimprof_blog/2011/10/top-ten-recent-ssrn-downloads-4.html

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Elaborating the Individual Difference Component in Deterrence Theory

Annual Review of Law and Social Science Volume 7, Page 335-360, December 2011.

http://www.annualreviews.org/doi/abs/10.1146/annurev-lawsocsci-102510-105404?ai=1k4&mi=3cwsz8&af=R

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"No Nonsense Neuro-law"

"No Nonsense Neuro-law"

Neuroethics & Law Blog

No Nonsense Neuro-law by Sarah K. Robins and Carl F. Craver has been published in the most recent issue of Neuroethics: Abstract: In Minds, Brains, and Norms, Pardo and Patterson deny that the activities of persons (knowledge, rule-following, interpretation) can...

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FYIPOST: "Minds, Brains, and Norms"

Minds, Brains, and Norms by Michael S. Pardo and Dennis Patterson has been published in the current issue of Neuroethics: Abstract Arguments for the importance of neuroscience reach across many disciplines. Advocates of neuroscience have made wide-ranging claims for neuroscience...

http://kolber.typepad.com/ethics_law_blog/2011/10/minds-brains-and-norms.html

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Educational Psychologist

On the road again...blogging lite or 0 this week--of to NYASP conference to present

Atkins MR/ID Death Penalty Decision: Herring v Florida (2011)

Yet another Florida Atkins decision that fails to acknowledge the standard error of measurement. I have previously lamented the unbelievable "Cherry court" bright lint (no SEM allowed) decision previously and won't restate my disbelief again (click here to visit). The latest decision to not allow the use of the SEM is Herring v Florida.

Come on Florida. The SEM is a scientifically accepted fact....beyond dispute.

Top-Ten Recent SSRN Downloads

in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 594 Self-Defense Larry Alexander, University of San Diego School of Law, Date posted to database: September 8, 2011 2 348 Overcriminalization 2.0: The...

http://lawprofessors.typepad.com/crimprof_blog/2011/10/top-ten-recent-ssrn-downloads-3.html

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Kevin McGrew, PhD

Educational Psychologist

Blog status update-- need more monkeys

Heterosis doesn't cause the Flynn effect: A critical examination of Mingroni (2007).

Abstract in latest Psychological Review.  See link below for more info.

Mingroni (see record 2007-10421-011) proposed that heterosis or hybrid vigor may be the principal driver of the Flynn effect—the tendency for IQ scores to increase at a rate of approximately 3 points per decade. This model was presented as a resolution to the IQ paradox—the observation that IQ scores have been increasing despite their high adult heritability—on the basis that substantial changes in IQ can only be accounted for by changes in underlying genetic factors. It is here argued that this model is predicated upon a misconception of the Flynn effect, which is most pronounced on the least g-loaded components of cognitive ability tests and is uncorrelated with genetic effects such as inbreeding depression scores (which are correlated with the g loadings of tests). Evidence supportive of the recently proposed life history model of the Flynn effect is presented. In the discussion, other theoretical objections to the heterosis model are also considered. On this basis, it is concluded that the Flynn effect is strongly entwined with developmental status and that heterosis cannot be its principal cause. (PsycINFO Database Record (c) 2011 APA, all rights reserved)

http://feedproxy.google.com/~r/apa-journals-rev/~3/7BgaIggfEFQ/689

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FYiPOST: Roberts on Juror Bias

Recently Posted to SSRN: . "(Re)Forming the Jury: Detection and Disinfection of Implicit Juror Bias" Connecticut Law Review, Vol. 44, 2012 NYU School of Law, Public Law Research Paper No. 11-70 . ANNA ROBERTS, NYU School of Law This Article...

http://kolber.typepad.com/ethics_law_blog/2011/10/roberts-on-juror-bias.html

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Connor (2010) on the undermining influence of the fed death penalty in the states

I stumbled across this article in one of my computer folders. No idea where I found it and have not read it. This is is just a "cleaning out my folders" FI post.







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Research byte: Temporal stability of general intelligence (g)

The following article is an excellent synthesis of research on the stability of general intelligence over time as well as the consistency (vs. temporal degradation) of g's prediction of academic and occupational outcomes over time.

The general findings are that general intelligence is remarkably stable over long periods of time. However, and this is important in n=1 individual cases, strong group stability statistics do not necessarily translate to IQ scores being near identical across time for individuals. The authors conclusion about decision validity is particularly important when evaluating Dx decisions for individuals across time (across IQ scores from different times in a person's life).









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intelligence IQ tests IQ testing IQ scores CHC intelligence theory CHC theory Cattell-Horn-Carroll human cognitive abilities psychology school psychology individual differences cognitive psychology neuropsychology neuroscience psychology special education educational psychology psychometrics psychological assessment psychological measurement IQs Corner general intelligence intelligent IQ testing temporal degradation temporal stability decision validity IQ stability

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WHO ICF system of disability classification

Not to many practicing assessment professionals are familiar with the World Health Organizations International Health Classification system, a system with some good concepts related to disability Dx and disability functional issues. The following article presents a nice overcview (double click on images to enlarge)





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FYiPOST: Epstein on Requiring Presentation of Mitigation Evidence in Death Sentence Cases

Can be viewed at CrimProf blog at link below

Jules Epstein (Widener University - School of Law) has posted Mandatory Mitigation: An Eighth Amendment Mandate to Require Presentation of Mitigation Evidence, Even When the Sentencing Trial Defendant Wishes to Die (Temple Political & Civil Rights Law Review, Forthcoming, Widener...

http://lawprofessors.typepad.com/crimprof_blog/2011/10/xxx-1.html

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BOOK: "Cruel and Unusual: The American Death Penalty and the Founders' Eighth Amendment"

An upcoming book by John D. Bessler, titled "Cruel and Unusual: The American Death Penalty and the Founders' Eighth Amendment," discusses the history of the Eighth Amendment and the founders' views of capital punishment. ..<snip>

go to link for original source of post and more info

http://www.deathpenaltyinfo.org/book-cruel-and-unusual-american-death-penalty-and-founders-eighth-amendment

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FYiPOST Neuroethics, Vol. 4, Issue 3 - New Issue Alert

Tuesday, October 11 Dear Valued Customer, We are pleased to deliver your requested table of contents alert for Neuroethics. Good news: now you will find quick links to the full text of the article in PDF or HTML. Choose your preferred format and access the article with only one click! Volume 4 Number 3 is now available on SpringerLink Register for Springer's email services providing you with info on the latest books in your field. ... More! In this issue: Original Paper Minds, Brains, and Norms Michael S. Pardo & Dennis Patterson Abstract    Full text HTML    Full text PDF Original Paper Brain, Behavior, and Knowledge Walter Glannon Abstract    Full text HTML    Full text PDF Commentary No Nonsense Neuro-law Sarah K. Robins & Carl F. Craver Abstract    Full text HTML    Full text PDF Original Paper Neural Lie Detection, Criterial Change, and OrdinaryLanguage Thomas Nadelhoffer Abstract    Full text HTML    Full text PDF Original Paper More on the Conceptual and the Empirical: Misunderstandings, Clarifications, and Replies Michael S. Pardo & Dennis Patterson Abstract    Full text HTML    Full text PDF Original Paper Cognitive Enhancement, Virtue Ethics and the Good Life Barbro Elisabeth Esmeralda Fröding Abstract    Full text HTML    Full text PDF Original Paper Does Memory Modification Threaten Our Authenticity? Alexandre Erler Abstract    Full text HTML    Full text PDF    Original Paper Is There a Need for Clinical Neuroskepticism? Eran Klein Abstract    Full text HTML    Full text PDF Letter Lies, Damn Lies and Placebos: A Comment on Foreid et al Christopher James Ryan Abstract    Full text HTML    Full text PDF Book Review Review of Martha J. Farah, ed., Neuroethics: An Introduction with Readings Walter Glannon Abstract    Full text HTML    Full text PDF Book Review Review of Enrique Bonete, Neuroética Práctica (Practical Neuroethics) Carissa Véliz Abstract    Full text HTML    Full text PDF Letter RETRACTED ARTICLE: Transcranial Magnetic Stimulation: Recent Advancement and Neuroethical Issues Vinay K. Shukla Abstract    Full text HTML    Full text PDF