Monday, January 2, 2012

Article: Top-Ten Recent SSRN Downloads



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Kevin McGrew, PhD
Educational Psychologist

Atkins MR/ID death penalty court decision: Black v Bell (US; TN, 2011)





Thanks again to Kevin Foley for forwarding me a copy of Black v. Bell (2011).

Briefly, this case was remanded for further proceedings.  The case includes a variety of criticall Atkins issues such as the application of the SEM and the Flynn Effect, adaptive deficits vs. strengths and etiology of the condition.

Prior 2005 decision can be found here.

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Article: Introducing SpringerBriefs



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Educational Psychologist

Sunday, January 1, 2012

Friday, December 30, 2011

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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Tuesday, December 27, 2011

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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Kevin McGrew, PhD
Educational Psychologist

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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Monday, December 26, 2011

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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Saturday, December 24, 2011

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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Friday, December 23, 2011

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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Educational Psychologist

Tuesday, December 20, 2011

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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Kevin McGrew, PhD
Educational Psychologist

Sunday, December 18, 2011

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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Kevin McGrew, PhD
Educational Psychologist

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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Educational Psychologist

Thursday, December 15, 2011

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 &...





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Educational Psychologist

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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Wednesday, December 14, 2011

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.

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Educational Psychologist

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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Educational Psychologist

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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Tuesday, December 13, 2011

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.






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Kevin McGrew, PhD
Educational Psychologist

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





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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...





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