ABA State of Criminal Justice 2001: Capital Punishment overview by Tabek

Somehow Tabek's overview chapter on the death penalty, as published in ABA's State of Criminal Justice 2001, found its way to my inbox. This is an annual publication of the American Bar Association's Criminal Justice Section.

The entire book can be purchased for a modest amount within a few
days at this link (which currently may still display the 2010 book). Check later if it is the 2010 version.


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FYI. ABA Death Penalty Representation Project

ABA Death Penalty Representation Project announcement

Technorati Tags: psychology, forensic psychology, forensic psychiatry, neuropsychology, intelligence, school psychology, psychometrics, educational psychology, IQ, IQ tests, IQ scores, adaptive behavior, adaptive functioning, intellectual disability, mental retardation, MR, ID, criminal psychology, criminal defense, criminal justice, ABA, American Bar Association, Atkins cases, death penalty, capital punishment, AAIDD, Atkins MR/ID listserv, ICDP blog

Law Review Article: Tuerkheimer (2010) on science-dependent prosecution in criminal justice

Although not dealing specifically with Atkins cases, the role of science (i.e., the science of psychometics and psychological testing) in criminal justice cases is no doubt a critical issue.

Tuerkheimer, D. (2010). Criminal Justice at a Crossroads: Science-Dependent Prosecution and the Problem of Epistemic Contingency.  Alabama Law Review.  Click here to visit site where article can be downloaded.

  Abstract:     

Increasingly in our criminal justice system, guilt is proven on the basis of science – a phenomenon I call science-dependent prosecution. This trend likely will continue, and even accelerate. Yet legal scholars have not grappled with the larger implications of this shift. Recent attacks on the validity of a number of forensic disciplines beg the question: must law perpetually chase science?


Science is subject to a process of constant revision, upending accepted “truths” in unpredictable ways. I argue that our justice system is ill-equipped to deal with the provisional nature of scientific knowledge. The problem I identify challenges fundamental tenets of criminal law and procedure: the privileging of finality; the deference afforded juries; the virtues of plea bargaining; the wisdom of adversarial models of justice; and, at bottom, our commitment to the presumption of innocence. Now is the time to reckon with the proper place of science in determining guilt. This article begins this conversation, using Shaken Baby Syndrome (SBS) as a case study.


Criminal law’s reliance on science should not be jettisoned. But our system must be armed to deal with the inevitability of scientific change. I conclude by offering suggestions for reform.

Keywords: Shaken Baby Syndrome, Forensic Science, Expert Testimony

Technorati Tags: psychology, forensic psychology, forensic psychiatry, neuropsychology, intelligence, school psychology, educational psychology, IQ, IQ tests, IQ scores, intellectual disability, mental retardation, MR, ID, criminal psychology, criminal defense, criminal justice, ABA, American Bar Association, Atkins cases, death penalty, capital punishment, AAIDD, scientific evidence

ABA Blawg Review Death Penalty blog roll

Click here to find all the death penalty blogs listed at the ABA Blawg Review.

Technorati Tags: death penalty, capital punishment, ABA, American Bar Association, Blawg review, death penalty blogs, forensic psychology, forensic psychiatry, Atkins cases, ICDP blog

ICDP blog now listed as American Bar Association blawg

I'm pleased to announce that that ICDP blog is now listed as an American Bar Association blawg. Click here to view the ICDP listing at the ABA blawg page.  I would like to take this opportunity to welcome all potential new readers that may come from the ABA blawg resource page. Please feel free to e-mail me questions and comments.

I also invite interested professionals in the legal profession who work with Atkins cases to consider guest blog posts. If you have a topic, issue, case, etc., that you would like to share with others, contact me regarding the possibility of a guest blog post.  Also, if you are aware of an article, blog post, etc., that is relevant to the topics covered at this blog, I would appreciate and welcome receiving a copy for possible posting.

Technorati Tags: psychology, educational psychology, school psychology, forensic psychology, neuropsychology, criminal psychology, criminal justice, ABA, American Bar Association, law blog, law blawg, Atkins cases, mental retardation, intellectual disability

AAIDD forthcoming (2010) Diagnostic Adaptive Behavior Scales

AAIDD is currently recruiting individuals to gather data for the forthcoming (2010) and new Diagnostic Adaptive Behavior Scale.  Additional information can be found by clicking here.

As described on the AAIDD web page:

Adaptive behavior is the collection of conceptual, social, and practical skills that all people learn in order to function in their daily lives. DABS measures these three domains:

• Conceptual skills: literacy; self-direction; and concepts of number, money, and time
• Social skills: interpersonal skills, social responsibility, self-esteem, gullibility, naïveté (i.e., wariness), social problem solving, following rules, obeying laws, and avoiding being victimized
• Practical skills: activities of daily living (personal care), occupational skills, use of money, safety, health care, travel/transportation, schedules/routines, and use of the telephone
  

Unfortunately, for current Atkins MR death penalty cases, the norms only cover the ages 4 to 21 years of age.

I have a personal interest in the fact that the DABS is now organized as per Stephen Greenspan's model of personal competence that includes the domains of conceptual, social and practical skills.  Why is this of interest to me.  Not to brag...but I believe I was the first person to published an empirical study that directly tested the construct validity of Greenspan model...in fact...it was my 1989 doctoral dissertation!  It eventually resulted in the following journal article.  I can't locate  PDF copy via my universities library but intend to dig into the bowels of my file cabinets in my basement, locate a copy, and then scan and post.

• McGrew, K., & Bruininks, R. (1990).  Defining adaptive and maladaptive behavior within a model of personal competence. School Psychology Review, 19, 53-73.

21st century jury, 8th Ammend. and death penalty, Texas Atkins cases: Three Law Review Articles posted

The following law review articles have been posted to ICDP's Atkins-Related Law Review Articles blog sidebar.

Church (2003). Mandating Dignity: The United States Supreme Court’s Extreme Departure From Precedent Regarding the Eighth Amendment and the Death Penalty


Hans (2009).  The Twenty-First Century Jury: Worst of Times or Best of Times?


Kan (2009). Presenting information about mental retardation in the courtroom:  A content analysis of pre-Atkins capital trial transcripts from Texas

Technorati Tags: psychology, forensice psychology, neuropsychology, criminal psychology, criminal justice, ABA, American Bar Association, IQ, MR, ID, mental retardation, intellectual disabilities, Atkins cases, death penalty, capital puniishment, 8th Ammendment, juries, Texas death penalty

Atkins MR death penalty Law Review Article section improved

I've learned that in my attempt to save space I've made it more difficult for people to locate specific Law Review Articles in the LRA blog sidebar.  As a result I've renamed the titles of many of the articles to be more close to the original titles (although some abbreviations are still used).  More importantly, I've added the last name of the first author of each article along with the date of the publication.

Any additional suggestions for improving the ICDP blog are always welcome.

Also, if anyone has any other Atkins-related LRA's that should be posted, please send to the blogmaster.

Thanks for the feedback.  We can always get better.

Technorati Tags: psychology, lawyers, legal, ABA, American Bar Associatio, forensic psychology, neuropsychology, criminal psychology, criminal justice, criminal lawyers, Atkins cases, MR, ID, mental retardation, intellectual disability, intellectual competence, Law Review Articles, ICDP blog

Moratorium and ABA-based team review of Kentucky death penalty announced

State of Kentucky death penalty moratorium and ABA-lead review story can be found at the DPIC.

Technorati Tags: Kentucky, DPIC, death penalty, ABA

Atkins v Virginia: Law review and law journal custom Google search

I just ran a search using the new (and free) ABA Google custom search engine of Law Review/Law Journals.  I asked for all "Atkins v Virginia" articles.  Clicking here will take you to the result.  Lots to look through.

Technorati Tags: Atkins v Virgina, SCOTUS, death penalty, capital punishment, ABA, American Bar Association, MR, ID, mental retardation, intellectual disability, IQ, IQ tests, IQ scores, intelligence, cognitive abilities, psychology, school psychology, educational psychology, forensic psychology, neuropsychology, criminal psychology, psychiatry, criminal justice, criminal defense lawyers

Book: ABA e-book: Representing clients with mental physical, and sensory disabilities

This is an FYI (no comment) post.  I received notification via an RSS feed of this book at the ABA web store.  Don't have a copy...have not read...can not provide any guidance regarding relevance and worth to Atkins cases.

Technorati Tags: forensice psychology, ABA, American Bar Association, criminal justice, mental disabilities, intellectual disabilities, MR, mental retardation, Atkins cases

Books: ABA mental health and disablity law reference books

FYI (with no comment or review - I do not have copies nor have I read these books)

The ABA web store has three books (one in e-pdf format) related to mental health and disability law, evidence, testimony, etc.  Click here to view

Technorati Tags: mental health, psychology, mental disability, intellectual disability, mental retardation, ABA, American Bar Association, Atkins cases, intellectual disability, mental retardation, law reference books

Bit off-task FYI: ABA National Mentor Program for Lawyers and Law Students with Disabilities

This FYI post is a bit "off task" for the focus of the ICDP blog.  The post is intended primarily for folks in the legal professional who may be reading this blog.  I make this FYI post given my long-standing involvement in special education and disability issues during my career.

The Disability Discussion Docket (3D) listserv, a service of the ABA Commission on Mental and Physical Disability Law, just released its  National Mentor Program for Lawyers and Law Students with Disabilities handbook.

As mentioned in the list post, "The Handbook is an easy to use document that has tips, definitions, and concepts to make your existing mentor-mentee relationship even better! The Handbook is meant for mentees and mentors, novices and experts."

 Technorati Tags: disabilities, mental and physical disabilities, ABA, American Bar Association, Commission on Mental and Physical Disability Law, National Mentor Program for Lawyers and Law Students with Disabilities