Wednesday, March 9, 2011

FYiPOST: Illinois to abolish DP?

Illinois Death Penalty: Later today, Illinois Gov. Pat Quinn is expected to sign legislation abolishing the state's death penalty. The fate of the state's 15 current death row inmates is uncertain, according to this Chicago Sun-Times story. We wrote about...





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FYiPOST: Psychologists who Tweet - first major update

We've updated our list of psychologists (plus a few stray neuroscientists, therapists, students and psych-bloggers) who Tweet. Follower counts were correct as of Friday 4 March 2011. Compare with the previous list compiled in November 2010. The Digest editorial team are in purple highlight.

Laura Kauffman. Child psychologist. Followers: 86444
Richard Wiseman. Parapsychologist. Followers: 68001
George Huba. Psychologist. Followers: 20628
Aleks Krotoski. Psychologist, tech journalist. Followers: 16043
Marsha Lucas. Neuropsychologist. Followers: 14462
Jonah Lehrer. Writer, blogger. Followers: 11080
Dan Ariely. Behavioural Economist, author. Followers: 10314
Jo Hemmings. Celebrity psychologist. Followers: 9735
Steven Pinker. Psycholinguist, evolutionary psychologist, author. Followers: 8978
David Ballard. Psychologist, Head of APA marketing. Followers: 6737
Graham Jones. Internet (cyber) psychologist. Followers: 6603
Christian Jarrett. That's me, editor of BPS Research Digest! Followers: 5417
Melanie Greenberg. Clinical health psychologist. Followers: 4723
Petra Boynton. Psychologist, sex educator. Followers: 4686
Ciarán O'Keeffe. Parapsychologist. Followers: 4603
Vaughan Bell. Clinical neuropsychologist, blogger. Followers: 4109
Mo Costandi. Writer, blogger. Followers: 4072
Jeremy Dean. Blogger. Followers: 3335
John Grohol. Founder of Psychcentral. Followers: 3182
Bruce Hood. Cognitive scientist. Followers: 2602
Rita Handrich. Psychologist, editor. Followers: 2435
David Eagleman. Neuroscientist, author. Followers: 2422
Daniel Levitin. Psychologist, author. Followers: 2419
Brian MacDonald. Clinical psychologist. Followers: 2371
David Webb101. Psychology tutor, blogger. Followers: 2320
Sandeep Gautam. Blogger. Followers: 1952
Jay Watts. Clinical psychologist, Lacanian. Followers: 1567
Maria Panagiotidi. Grad student. Followers: 1562
Wendy Cousins. Skeptic. Followers: 1473
Anthony Risser. Neuropsychologist, blogger. Followers: 1416
Chris Atherton. Cognitive psychologist. Followers: 1315
G. Tendayi Viki. Social psychologist. Followers: 1267
Ana Loback. Psychologist. Followers: 1244
Alex Linley. Positive psychologist. Followers: 1237
Mark Changizi. Cognitive psychologist, author. Followers: 1221
Jesse Bering. Psychologist, blogger. Followers: 1214
Rolfe Lindgren. Psychologist, personality expert. Followers: 1187
Cary Cooper. Occupational psychologist. Followers: 1093
Jason Goldman85. Grad student, blogger. Followers: 1082
Joseph LeDoux. Neuroscientist, rocker. Followers: 1033
Sophie Scott. Neuroscientist. Followers: 982
Chris French. Anomalistic psychologist. Followers: 973
Dorothy Bishop. Developmental neuropsychologist. Followers: 882
The Neurocritic. Blogger. Followers: 880
Jon Sutton. Editor of The Psychologist. Followers: 796
Karen Pine. Psychologist, author. Followers: 783
Uta Frith. Developmental neuropsychologist, autism expert. Followers: 730
Claudia Hammond. Radio presenter. Followers: 715
John Cacioppo. Psychologist, social neuroscientist. Followers: 705
Sarah-Jayne Blakemore. Cognitive neuroscientist. Followers: 691
Mark Batey. Creativity expert. Followers: 682
Rob Archer. Organisational psychologist. Followers: 680
Ben Hawkes. Psychologist, comedian. Followers: 679
Monica Whitty. Cyberpsychologist. Followers: 663
Charles Fernyhough. Developmental psychologist, author. Followers: 662
Marco Iacoboni. Neuroscientist, mirror neuron expert. Followers: 615
James Neill. Psychology lecturer. Followers: 590
Eran Katz. Grad student (tweets in Hebrew). Followers: 549
Rory O'Connor. Health psychologist, suicide researcher. Followers: 526
Tom Stafford. Psychologist, author. Followers: 494
Christopher H. Ramey. Psychologist. Followers: 485
Bruce Hutchison. Clinical psychologist. Followers: 465
Rachel Robinson. Child psychologist. Followers: 447
Manon Eileen. Clinical psychologist and criminologist. Followers: 442
Rebecca Symes. Sports psychologist. Followers: 427
Wray Herbert. Writer for APS, author. Followers: 417
Hilary Bruffell. Social psychologist. Followers: 412
Atle Dyregrov. Psychologist, expert in crisis psychology. Followers: 405
Steven Brownlow. Clinical and forensic psychologist. Followers: 405
Mike Garth. Sports psychologist. Followers: 402
Victoria Galbraith. Counselling psychologist. Followers: 389
Daniel Simons. Cognitive psychologist, author. Followers: 355
Daryl O'Connor. Health psychologist. Followers: 352
David Matsumoto. Psychologist and judoka. Followers: 326
Karen Franklin. Forensic psychologist. Followers: 299
Patrick Macartney. Psychologist and sociologist. Followers: 297
Caroline Watt. Parapsychologist. Followers: 296
Ciarán Mc Mahon. Psychologist. Followers: 283
Tim Byron. Music psychologist. Followers: 275
Voula Grand. Psychologist and writer. Followers: 273
Lorna Quandt. Grad student. Followers: 267
Bex Hewett. PhD student in occupational psychology. Followers: 261
Kevin McGrew. Intelligence expert. Followers: 259
Daniela O'Neill. Developmental psychologist. Followers: 245
Sean Nethercott. Psychologist. Followers: 243
Romeo Vitelli. Psychologist in private practice. Followers: 233
Andy Fugard. Cognitive scientist. Followers: 229
Erika Salomon. Grad student. Followers: 217
CoertVisser. Psychologist. Followers: 217
Jenna Condie. Environmental psychologist. Followers: 216
Astrid Kitti. Grad student. Followers: 203
Margarita Holmes. Psychologist and sex therapist. Followers: 203
Alex Fradera. Editor of BPS Occupational Digest. Followers: 194
Sue Hartley. Psychologist. Followers: 194
Johnrev Guilaran. Clinical psychologist trainee. Followers: 185
Janet Civitelli. Counselling psychologist. Followers: 175
Jon Simons. Cognitive scientist. Followers: 174
Ken Gilhooly. Cognitive psychologist. Followers: 166
Adrian Wale. Cognitive scientist, writer. Followers: 162
Sanja Dutina. Psychologist. Followers: 161
Gareth Morris. Grad student. Followers: 155
Talya Grumberg. Mental health counsellor. Followers: 155
Lila Chrysikou. Psychologist. Followers: 151
Ruthanna Gordon. Psychologist, sustainability expert. Followers: 151
Alex Birch. Business psychologist. Followers: 136
Craig Bertram. Grad student. Followers: 135
Suzanne Conboy-Hill. Clinical psychologist. Followers: 135
Simon Dymond. Behavioural neuroscientist. Followers: 130
Marc Scully. Social psychologist. Followers: 127
Mark Hoelterhoff. Experimental existential psychologist. Followers: 127
Nancy Hoffman. Neuropsychologist. Followers: 117
Valeschka Guerra. Psychology lecturer. Followers: 116
Emma Dunlop. Grad student. Followers: 115
Deb Halasz. Research psychologist. Followers: 112
Matteo Cantamesse. Social psychologist. Followers: 112
Catriona Morrison. Experimental psychologist. Followers: 107
Dylan Lopich. Clinical psychologist. Followers: 106
John Houser. School psychologist. Followers: 106
Arvid Kappas. Emotion researcher. Followers: 89
Andrew and Sabrina. Psychological scientists. Followers: 84
Simon Knight. Psychologist. Followers: 84
Peter Kinderman. Clinical psychologist. Followers: 83
Paul Hanges. Organisational psychologist. Followers: 83
John Hyland. Experimental psychologist. Followers: 82
Chelsea Walsh. Family and marriage therapist. Followers: 81
Kevin Friery. Psychologist, psychotherapist. Followers: 80
Gerald Guild. Psychologist, autism specialist. Followers: 78
Gillian Smith. Alcohol and drug researcher. Followers: 75
Jen Lewis. Grad student. Followers: 74
Scott Kaufman. Cognitive psychologist. Followers: 69
Jui Bhagwat. Child psychologist. Followers: 63
Tom Walton. Grad student. Followers: 61
Chris Brand. Cognitive psychologist in training. Followers: 59
Odette Beris. Psychologist and coach. Followers: 59
David Hughes. Psychologist. Followers: 53
Barry McGuinness. Psychologist, writer. Followers: 47
Caitlin Allison. Trainee counselling psychologist. Followers: 47
Philip Collier. Sport and positive psychologist. Followers: 40
David Yates. Grad student. Followers: 36
Alison Price. Occupational psychologist. Followers: 35
Sian Jones. Grad student. Followers: 31
Helen Jones. Clinical psychologist. Followers: 29
John Taylor. Cognitive psychologist. Followers: 23
Kathryn Newns. Clinical psychologist. Followers: 21
Lorraine Hope. Cognitive psychologist. Followers: 10
Victoria Mason. Psychology lecturer. Followers: 9

Thanks to Ben Watson for updating the follower counts. If you'd like to be added to future iterations of the list please add your full name and Twitter tag to comments. Future additions to the list must be fully-qualified psychologists. Also, we're restricting the list to individuals, so no organisations please. 





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Tuesday, March 8, 2011

FYiPOST: STUDIES: Posthumous Pardons in the United States

A recent study by Dr. Stephen Greenspan, Clinical Professor of Psychiatry at the University of Colorado, revealed that throughout American history at least 106 individuals have been granted posthumous pardons, including 12 individuals who were executed. Although not all of the pardons were granted because of doubts about the defendant's guilt, Dr. Greenspan found that in many instances the defendant was proven, or was very likely, not guilty and had originally received biased or unfair legal proceedings.  Among those who were executed and later pardoned were Joe Arridy in Colorado (pardoned in 2011), Lena Baker in Georgia (pardoned 2005), and four men in Illinois who were hanged for their participation in the Haymarket Square riot in 1886 (pardoned 1893).  Other reasons for the pardons included a change in political, moral or legal climate, or as a reward for exemplary character. The author participated in the effort to win a pardon for Joe Arridy and noted that recent cases of innocence may have spurred an increase in posthumous pardons.

(S. Greenspan, "Posthumous Pardons Granted in American History," March 2011).  See Clemency and Executed but Possibly Innocent.






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Monday, March 7, 2011

FYiPOST: Brain damage as mitigating factor@The Daily Digest – 3/7/11

Does brain damage mitigate criminal responsibility or punishment ? Should it count as "good" evidence about a defendant's reasons for acting that should be balanced against "bad" reasons for his criminal conduct? In the case of Schriro v. Landrigan, the … Continue reading →





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Sunday, March 6, 2011

FYiPOST: Top-Ten Recent SSRN Downloads

in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 451 An Equilibrium-Adjustment Theory of the Fourth Amendment Orin S. Kerr, George Washington University - Law School, Date posted to database: January 26,...





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Saturday, March 5, 2011

Research briefs: Judicial decision making & a tale of two cities executions



I just stumbled upon a great journal that specializes in the empirical study of law--The Journal of Empirical Legal Studies. Below are two sample articles. I am going to add this to my list of journals to monitor..and also the journal



Kastellec, J. P. (2010). The Statistical Analysis of Judicial Decisions and Legal Rules with Classification Trees. Journal of Empirical Legal Studies, 7(2), 202-230.

A key question in the quantitative study of legal rules and judicial decision making is the structure of the relationship between case facts and case outcomes. Legal doctrine and legal rules are general attempts to define this relationship. This article summarizes and utilizes a statistical method relatively unexplored in political science and legal scholarship—classification trees—that offers a flexible way to study legal doctrine. I argue that this method, while not replacing traditional statistical tools for studying judicial decisions, can better capture many aspects of the relationship between case facts and case outcomes. To illustrate the method's advantages, I conduct classification tree analyses of search and seizure cases decided by the U.S. Supreme Court and confession cases decided by the courts of appeals. These analyses illustrate the ability of classification trees to increase our understanding of legal rules and legal doctrine


Zimring, F. E., Fagan, J., & Johnson, D. T. (2010). Executions, Deterrence, and Homicide: A Tale of Two Cities. Journal of Empirical Legal Studies, 7(1), 1-29.

We compare homicide rates in two quite similar cities with vastly different execution risks. Singapore had an execution rate close to one per million per year until an explosive 20-fold increase in 1994–1995 and 1996 to a level that we show was probably the highest in the world. Then, over the next 11 years, Singapore executions dropped by about 95 percent. Hong Kong, by contrast, had no executions at all during the last generation and abolished capital punishment in 1993. Homicide levels and trends are remarkably similar in these two cities over the 35 years after 1973, with neither the surge in Singapore executions nor the more recent steep drop producing any differential impact. By comparing two closely matched places with huge contrasts in actual execution but no differences in homicide trends, we have generated a unique test of the exuberant claims of deterrence that have been produced over the past decade in the United States


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Thursday, March 3, 2011

FYiPOST: Law and Memory conference@The Daily Digest, 3/3/11

The Law and Memory Conference at Stanford Law School on April 1, 2011 will bring together leading scientists, practitioners and scholars on the intersection of law and memory. The conference will begin with the science, and then focus on the issues around detecting and manipulating memories. The first case today is but one of the [...]





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Wednesday, March 2, 2011

FYiPOST: "Brain Scans as Evidence: Truths, Proofs, Lies, and Lessons"

Recently posted to SSRN: "Brain Scans as Evidence: Truths, Proofs, Lies, and Lessons" Mercer Law Review, Vol. 62, 2011 Vanderbilt Public Law Research Paper No. 11-2 FRANCIS X. SHEN, Vanderbilt Law School OWEN D. JONES, Vanderbilt University - Law School...





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Differential Abilities Scales-II IQ test: CHC explanation from publisher

I picked up a nice glossily CHC and DAS-II brochure at the NASP conference last week. It explains, as per the DAS-II author and publisher, how they view the interpretation of the Differential Abilities Scales, Second Edition, from the consensus psychometric model of intelligence (CHC theory).

If anyone can refer me to an on-line PDF copy from the publisher, I will switch out the link to direct traffic to that page. I could not find one when I searched for it.

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Tuesday, March 1, 2011

Research byte: Where do tactile (Gh) abilities fit in the CHC model of intelligence: Research article




Neuropsychologists often administer tactile and sensory-motor measures during clinical and forensic assessments. Where do these measures fit within the consensus model of intelligence (CHC theory)? Recent article by Scott Decker provides some guidance. Double click on image to enlarge.


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FYiPOST: Complimentary WAIS-IV®, WMS®-IV, and ACS Training Opportunities




Having trouble viewing this e-mail? Click here.

Take advantage of upcoming WAIS®-IV, WMS®-IV, and ACS training opportunities!

Pearson is pleased to provide a variety of webinars and case studies to assist you in understanding Advanced Clinical Solutions (ACS) for WAIS-IV and WMS-IV, which was designed to enhance the clinical utility and expand the construct coverage of these respected tests.

Complimentary Web-Based Seminars
Attend a complimentary webinar on the ACS. Register for those that best meet your needs:

  • Overview: The presenter will provide a brief overview of the rationale for developing the ACS for WAIS-IV and WMS-IV and a description of the additional assessments and scores offered.
  • TBI Evaluations: The presenter will discuss referral questions psychologists need to answer when conducting evaluations for a possible diagnosis of TBI and demonstrate how data from the WAIS-IV, the WMS-IV, and ACS can help answer specific questions such as those related to premorbid functioning, serial assessment, social cognition, and executive function.
  • Geriatric Assessments: The presenter will discuss referral questions psychologists need to answer when conducting evaluations for a possible diagnosis of dementia and demonstrate how data from the WAIS-IV, the WMS-IV, and ACS can help answer specific questions such as those related to premorbid functioning, progressive and long-term decline in cognitive functioning, serial assessment, and instrumental activities of daily living.
  • Forensic Evaluations (Custody & Capital Punishment): The presenter will address how the
    WAIS-IV, WMS-IV, and ACS may be used in forensic applications such as child custody and capital punishment evaluations. Specific information to be covered includes: how to develop an appropriate battery and best practices in interpretation and reporting. Case study information will be provided.
To Register
Click on the links below to register for the webinars. After you register you will receive an email confirming your attendance, along with instructions and passwords on how to join the Webinar presentation. Please note the start time is listed in the Eastern Time Zone.
March Webinars
July Webinars
  Overview of Advanced Clinical Solutions
Date:
Friday, March 4, 2011
Time: 3:00â€"4:30pm (Eastern)
Presenter: Gloria Maccow, PhD
Register here
  Using WAIS-IV, WMS-IV, and ACS in Forensic Evaluations (Custody & Capital Punishment)
Date:
Tuesday, July 12, 2011
Time:
12:00â€"1:30pm (Eastern)
Presenter: Amy Gabel, PhD
Register here
May Webinars August Webinars
  Using WAIS-IV, WMS-IV, and ACS for Evaluation of TBI
Date: Wednesday, May 11, 2011
Time: 3:00â€"4:30pm (Eastern)
Presenter: Gloria Maccow, PhD
Register here
  Overview of Advanced Clinical Solutions
Date: Thursday, August 11, 2011
Time: 3:00â€"4:30pm (Eastern)
Presenter: Gloria Maccow, PhD
Register here
June Webinars
October Webinars
  Using WAIS-IV, WMS-IV, and ACS for Geriatric Assessment
Date:
Thursday, June 2, 2011
Time: 3:00â€"4:30pm (Eastern)
Presenter: Gloria Maccow, PhD
Register here
  Using WAIS-IV, WMS-IV, and ACS for
Evaluation of TBI
Date:
Wednesday, October 19, 2011
Time:
3:00â€"4:30pm (Eastern)
Presenter: Gloria Maccow, PhD
Register here

CE credits are not provided for these brief webinars.

To view previously recorded ACS webinars, please click here.

For a complete list of webinars available from Pearson click here.

ACS Case Studies Available
Click the links below to download FREE case studies.

Suboptimal Effort
Demographic Adjustment
Pre-morbid Predictions Serial Assessment

To learn more about Advanced Clinical Solutions for WAIS-IV and WMS-IV,
visit PsychCorp.com/ACS.


  800.627.7271 | | PsychCorp.com
 

Copyright © 2011 Pearson Education or its affiliate(s). All rights reserved. ACS, WASI, WMS, Pearson, design for Psi, and PsychCorp are trademarks, in the U.S. and/or other countries, of Pearson Education, Inc. or its affiliate(s).
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Monday, February 28, 2011

Does the WJ III battery measure the same abilities in US and Canada? New report

The following report has just been posted at WMF Press. Click here to access the WMF page with a link to a copy of the report, which is under the WMF Press Bulletin section. Double click on images to enlarge.










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Law Review Article: No More Tinkering with the Death Penalty (Steiker & Steiker, 2010)




To be added to the Law Review Article blogroll.

Steiker, C. S., & Steiker, J. M. (2010). No More Tinkering: The American Law Institute and the Death Penalty Provisions of the Model Penal Code. Texas Law Review, 89(2), 353-365


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Brain damage mitigation death penalty cases@The Daily Digest, 2/28/11

The week starts off with two failed brain damage/mitigation/capital cases. The first case is failure of mitigation at the trial level, and the second is a reversal of a successful PCRA claim. Neurological evidence is now introduced as mitigating evidence in many capital cases. The general claim goes something like: Don't blame me, blame my [...]





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Sunday, February 27, 2011

FYiPOST: Top-Ten Recent SSRN Downloads

in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 358 Who May Be Killed? Anwar al-Awlaki as a Case Study in the International Legal Regulation of Lethal Force Robert Chesney, University of...





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Saturday, February 26, 2011

IQs Corner Blog a top 50 Blog by Psychology Professionals




IQs Corner, the mother blog of my IQ Brain Clock and Intellectual Competence and Death Penalty blogs, has just received another recognition--a top 50 blog by psychology professionals.

Thanks.


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Wednesday, February 23, 2011

Mississippi Justice Takes Cheap Shot at the Flynn Effect (and Flynn Himself)-Guest blog post

This is a guest blog post by Kevin Foley, a regular contributor at the ICDP blog.




The Mississippi Supreme Court recently held that Frederick Bell is entitled to an evidenciary hearing on his claim that he is intellectually disabled. One unhappy justice dissented to this part of the majority opinion, and in doing so, took an inappropriate cheap shot at the Flynn Effect and Dr. Flynn himself.

As for Dr. Flynn, the dissent stated that, “The 'Flynn Effect' is a theory advanced by a political scientist who, under the Mississippi Rules of Evidence, could not be qualified as an expert on mental retardation by 'knowledge, skill, experience, training, or education . . . .' Miss. R. Evid. 702.” Bell v. State, No. 2010-DR-01907-SCT (Miss., Feb 3, 2011) (J. Randolph, concurring and dissenting, at note 20). The justice implied that Dr. Flynn would not even be permitted to take the stand to testify about the Flynn Effect, since he is not “an expert on mental retardation.” But the validity of the Flynn Effect, as a scientific concept, does not rest on any expertise Dr. Flynn might have as a mental retardation expert. As Dr. Kevin McGrew's Flynn Effect bibliography (available on this blog) shows, Dr. Flynn's research which concluded with what is now known as the Flynn Effect has reached a very high level of respectability in the intelligence testing field. The dispute is not with the Flynn Effect itself; the dispute concerns the cause of the effect; whether is should be used to adjust scores in high stakes litigation; whether it will continue apace; and whether it should be assumed to apply to later versions of extant test batteries. No one has convincingly argued that Dr. Flynn was not competent to conduct the research that led to the Flynn Effect.

As for the concept itself, the Mississippi justice argued, “Furthermore, the scientific validity of the “Flynn Effect,” utilized by Dr. Zimmerman, repeatedly has been rejected by the Fifth Circuit Court of Appeals. See id. [referring to the Chase case] (citing In re Salazar, 443 F.3d 430, 433 n.1 (5th Cir. 2006)).” This statement is not accurate. The Fifth Circuit Court of Appeals has not rejected the Flynn Effect, it has simply not addressed the issue head-on. In the Fifth Circuit case cited by the dissenting Mississippi justice, the federal appeals court specifically stated, “Even assuming that the Flynn Effect is a valid scientific theory and is applicable to Salazar's individual I.Q. score and we express no opinion as to whether this is actually the case . . .” In re Salazar, 443 F. 3d 430 (5th Cir. 2006). More recently, in Maldonado v. Thaler, 625 F. 3d 229, 238 (5th Cir. 2010) the court stated only that it had not recognized the Flynn Effect to be a valid scientific concept. And in Wiley v. Epps, 625 F. 3d 199, 214 (5th Cir. 2010) the court did not “reject” the validity of the Flynn Effect, and it would have been hard pressed to do so, in light of the fact that, “All three experts who testified at the evidentiary hearing stated that the Flynn effect is generally accepted in the scientific community”. Not addressing an issue is a lot different than holding that an issue (or concept) is invalid from a scientific standpoint.

Moreover, on page 30 of Bell, this justice claimed that the Flynn Effect is “a suspect theory” and that the defense expert's opinion using the Flynn Effect was a “fallacious, inadmissible opinion” under Mississippi Rule of Evidence 702, the state's counterpart to the U.S. Supreme Court's Daubert standard. The justice's conclusions in this regard were a stretch indeed. Experts both prosecution and defense - are testifying about the Flynn Effect all over the country, in both federal and state courts. Whether the courts have decided to apply the Flynn Effect to adjust IQ scores is one thing; refusing to admit testimony about the Flynn Effect because it is an untested pseudoscientific theory is another matter completely.


The most the Fifth Circuit stated with regard to the Flynn Effect and its validity was, “We need not resolve the weight, if any, to be given to the Flynn effect, however, because the district court also found that even without it the evidence supported a finding that Wiley had significant subaverage intellectual functioning.” Id. at 214.


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Atkins ID/MR Court Decision: Bell v MIssissippi (2011)




Another new Atkins ruling. Bell v Mississippi (2011). It is being added to the Court Decisions blogroll. Stay tuned as Kevin Foley has provided me a guest blog comment regarding one aspect (Flynn effect) of this decision. His post will be up possibly shortly...hopefully no more than two days from now. Blogging form a hotel lobby at a conference.


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Tuesday, February 22, 2011

FYiPOST: MENTAL ILLNESS: Death Sentences Vacated for Two with Severe Mental Illness

One death row inmate from Oregon and another from North Carolina recently had their death sentences removed because of concerns about their mental competency. In Oregon, Robert James Acremant's sentence was reduced to life without the possibility of parole. Since 2003, prison psychiatrists have diagnosed him as mentally ill, and Acremant said he hears voices and has a transmitter in his head that allows others to control him.  He still has a death sentence from a case in California.  Isaac Stroud in North Carolina was removed from death row after a judge ruled his mental condition kept him from assisting with his own defense. With consent from the victim's family, District Attorney Tracey Cline agreed to a life sentence for a 1995 murder conviction and an additional 30-year sentence for kidnapping. Cline said, "It was apparent that he did suffer from a mental health condition. The [victim's] family, after so much time, basically just wanted to be sure that Mr. Stroud was not released from prison during his lifetime." Stroud's attorney, Marilyn Ozer, said, "Everyone looks at the system differently than they did 20 years ago, so it makes sense to go back and look at these cases."  Stroud was not eligible for a sentence of life without parole at the time of his conviction.

In 1986, the U.S. Supreme Court held in Ford v. Wainwright that it would be unconstitutional to execute a mentally incompetent inmate.

(J. Deconto, "Durham man will not be executed," News and Observer, February 19, 2011; Associated Press, "Oregon death sentence reduced, man 'delusional'," reprinted in Mercury News, February 18, 2011).  See Mental Illness and Victims.






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Sunday, February 20, 2011

FYiPOST: Top-Ten Recent SSRN Downloads

in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 340 Who May Be Killed? Anwar al-Awlaki as a Case Study in the International Legal Regulation of Lethal Force Robert Chesney, University of...





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Research brief: WAIS-IV US-Canadian factor and score comparability

The transportability of the meaning of an intelligence test batteries composite scores across countries/cultures is important when a test is originally developed and normed in one country and is then adapted and used in a second country.

Bowden et al (2010) recently investigated the factorial invariance of the WAIS-IV across US and Canadian samples. The results are summarized in the abstract below (click to enlarge). The WAIS-IV was found to measure the same theoretical constructs across the two countries. However, the reported difference in latent mean factor intercepts indicated that the WAIS-IV provides higher scores with Canadian subjects. The need for Canadian norms are suggested.






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Friday, February 18, 2011

FYiPOST: Neuroscience Trial Transcripts

From LAW AND BIOSCIENCES blog

A special bonus today, in addition to The Daily Digest. This is a great collection of trial transcripts from experts testifying about cognitive neuroscience. It gives a good overview of the nature of cognitive neuroscience testimony in criminal cases:

Gur Testimony
Gur Testimony 2
Gur Testimony 3 (Pennsylvania)
Gur Testimony 4 (Lousiana)
Mayberg – Gov't Expert (California)
Mayberg Transcript 2
Mayberg Transcript 3






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Wednesday, February 16, 2011

FYiPOST: Full Eleventh Circuit examining Georgia's procedure for capital defendants under Atkins

From SENTENCING LAW AND POLICY RSS feed.

As detailed in this Atlanta Journal-Constitution article, which is headlined "Court considers death-penalty standard for mental retardation claims," all the judges of the Eleventh Circuit heard argument today on an interesting and important issue of constitutional capital procedure.  Here are the details:

Warren Hill sits on Georgia's death row, even though a state court judge has found him mentally retarded, which the nation's highest court says bars him from execution.

Hill's problem is that he was found to be mentally retarded under the lowest legal threshold but not the toughest -- beyond a reasonable doubt.  Even though Georgia became the first state in the country over 20 years ago to ban executions of mentally retarded people, it is now the only state that sets the highest barrier for defendants raising such claims to escape execution.

On Tuesday, Hill's lawyer told the federal appeals court in Atlanta that instead of protecting the mentally retarded from execution, Georgia has done just the opposite.  By erecting such a stringent burden of proof, inmates who are erroneously found not to be mentally retarded are going to be put to death, Mark Olive said.

The U.S. Supreme Court did not give states "carte blanche authority" to impose barriers that are impossible to clear, he said.  During lively arguments in a packed courtroom, a number of judges seemed to agree.

Among states with the death penalty, 22 require defendants raising mental retardation claims to prove it by the lowest threshold, a preponderance of the evidence.  Four states have adopted a tougher test, the clear and convincing evidence standard.  Three states have not set a burden of proof.

The 11th U.S. Circuit Court of Appeals did not issue an immediate ruling.  About 10 Georgia death-row inmates who failed to prove mental retardation beyond a reasonable doubt could receive new hearings if the court finds Georgia's standard unconstitutional....

State attorney Beth Burton refused to concede the possibility that mentally retarded inmates will be executed in Georgia.  She told the court that when the U.S. Supreme Court banned the execution of the mentally retarded, it left it up to the states to decide how to evaluate retardation claims.

This prompted questions from judges who wondered whether it would be acceptable if Georgia made it all but impossible for a defendant to prevail in a mental retardation claim.  What about a law that says only defendants with IQs below 30 can be found to be mentally retarded, asked Judge Stanley Marcus.  An IQ of about 70 is generally considered to be the upper limit for a diagnosis of mental retardation. "I think they could do that," Burton responded.

What if the state required defendants to prove retardation beyond a shadow of a doubt, Judge Charles Wilson asked. Would that make a difference?  "I can't say that it would, as crazy as that sounds," Burton replied, noting the U.S. Supreme Court could ultimately overturn such a law.  So as long as there is no Supreme Court decision that forbids a certain way of evaluating the claims, Georgia could set the burden so high no one could ever prove they were mentally retarded, Wilson said.

This prompted Judge J.L. Edmondson to wonder what the state planned to do with Hill, noting he had been found to be mentally retarded.  "If you get the chance, is Georgia going to execute this man?" he asked. "Yes," Burton replied.

Hill sits on death row for bludgeoning a fellow inmate to death with a nail-studded board in 1990. At the time, he was serving a life sentence for killing his girlfriend.

On appeal, Hill's lawyers claimed he was mentally retarded, but Superior Court Judge John Allen of Columbus found Hill could not prove it beyond a reasonable doubt.  After the U.S. Supreme Court banned the execution of the mentally retarded in 2002, Allen reconsidered his initial decision. Allen subsequently found Hill had proven by a preponderance of the evidence -- more likely than not -- that he was mildly mentally retarded. The judge also found the "beyond a reasonable doubt" standard unconstitutional.

The Georgia Supreme Court subsequently overturned Allen in a ruling that was under close scrutiny during Tuesday's arguments.






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FYiPOST: Freedman on Habeas Corpus as a Common Law Writ

Eric M. Freedman (Hofstra University - School of Law) has posted Dimension I: Habeas Corpus as a Common Law Writ (Harvard Civil Rights-Civil Liberties Law Review (CR-CL), Vol. 46, No. 2, Summer 2011) on SSRN. Here is the abstract: This...





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Saturday, February 12, 2011

Possible Atkins MR/ID claim preemptive strike by Indiana Supreme Court?




Thanks to Kevin Foley for sending the interesting Baer (2011) v Indiana decision.

This is an interesting example of what appears to be a preemptive strike by a state supreme court against the possibility of a future Atkins MR/ID claim. When one reads the decision there is much discussion of mental illness, toxic family/parenting, drug abuse....but nothing about possible MR/ID. The Indiana Supreme Court stated in this case, "The record contains very occasional mention of mental retardation. We thus pause to consider whether there might be any claim under Atkins v. Virginia, 536 U.S. 304 (2002), though none of his lawyers nor any of the multitude of medical experts have made this an issue." (pg 35) The court then discussed the evidence bearing on an, ID claim and concluded...nope....not possibly MR/ID.

If is my understanding that typically, if no party raises an issue, then the court will not either. It is possible that given the numerous Atkins claims throughout the country, this court wanted to shoot down any thought that some lawyer might have in the future to raise an MR/ID claim on Baer's behalf.

Interesting.


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Friday, February 11, 2011

FYiPost: "Technologies on the Stand: Legal and Ethical Questions in Neuroscience and Robotics"

I'm told that registration has begun for the conference below. If you have further questions, see the contact information at the bottom of the blog post: TILTing Perspectives 2011 TECHNOLOGIES ON THE STAND: LEGAL AND ETHICAL QUESTIONS IN NEUROSCIENCE AND...





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Thursday, February 10, 2011

FYiPost: Special Issue of Studies in Ethics, Law and Technology

Here's the link to the content described below: Berkeley Electronic Press is pleased to announce the following special issue of Studies in Ethics, Law, and Technology. The Convergence of the Physical, Mental and Virtual This special issue of SELT is...





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FYiPost: Great New Blog---Law and Biosciences

Neurolaw expert and law professor Nita Farahany has a great new blog covering recent case developments in neurolaw and biosciences.  Law and Biosciences Daily Digest is sure to be regular reading among those who follow this intriguing field. 





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Tuesday, February 8, 2011

FYiPost: Misunderstandings by Jurors Undermines Constitutionality of Death Penalty

FYI from DPIC BLOG


A new study by William Bowers and others published in the Criminal Law Bulletin revealed that most jurors in death penalty cases lack sufficient understanding of their duties, rendering the process unconstitutional by Supreme Court standards. The study showed that capital jurors often mistakenly believe that a death sentence is required by law, and fail to take primary responsibility for the defendant's punishment. The study suggested that jurors tend to believe death should be the punishment for heinous crimes and that death is needed as a deterrent and required by law. When the U.S. Supreme Court reinstated the death penalty in Gregg v. Geogia, it stated that improved jury instructions and court procedures would reduce the arbitrariness in capital sentencing. The report's findings suggest that after many years of experimentation these remedies have failed: "It appears that jurors cannot be successfully directed in making such an ominous decision by guidelines and procedures devised to insure a reasoned moral judgment free of arbitrariness. Being outraged by heinous killings and ambivalent about ordering someone killed, are 'normal' human reactions."

(W. Bowers, W. Foglia, S. Dietzel and C. Kelly, "Jurors' Failure to Understand or Comport with Constitutional Standards in Capital Sentencing: Strength of the Evidence," 46 Criminal Law Bulletin ___(2010)).  See Sentencing and Studies.






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