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Law and Neuroscience Bibliography | MacArthur …

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The MacArthur Foundation Research Network on Law and Neuroscience

However, this mens rea required for anti-gang statutes, combined with the inability to know, without closer analysis, whether juveniles in fact possess such mens rea, creates a conundrum: children make up a significant proportion of gang membership, but yet lack the capacity to be prosecuted under current anti-gang legislation, especially given the new parameters set forth by the United States Supreme Court.

PhD_Thesis_Rik Van Bogaert_2010 ..

Second, through aggressive cross-examination of defense expert witnesses, prosecutors can highlight the differences between laboratory experiments and the real-world, and show how these differences matter greatly in limiting the law-relevant inferences that can be drawn from brain scans.

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Accordingly, some scholars have concluded that new and improved brain-imaging techniques can elicit information about an accused that otherwise would have gone unnoticed in legal proceedings. The availability of such ground-breaking evidence, akin to the introduction of DNA in the 1990s, could have a drastic impact on the legal system and ultimately be used by both the prosecution and defense in criminal proceedings.

We address the concern that a traumatized witness may be less effective in a prosecution emerging from the traumatic event after memory dampening treatment.

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The Essay also draws attention to some of the potential areas of uncertainty after Miller: the ambiguity as to what qualifies as “individualized sentencing”; the possible expansion of Miller’s exemption from mandatory sentencing to offenders who are not juveniles; and unresolved questions about the constitutionality of long prison sentences that are the practical equivalent of LWOP.

Drawing on the cognitive science literature, this Article argues that the protection to defendants provided by the prosecutor’s personal fact-finding function are outweighed by the adverse affects on prosecutorial neutrality once the prosecutor’s belief in guilt is formed.

Thesis of a dissertation submitted to the faculty of HOLOS university graduate seminary
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  • Madison Magazine: Spring/Summer 2012 by James ..

    Thesis_I Van Den Berg_v2 - Download as PDF File (.pdf), Text File (.txt) or view presentation slides online.

  • One of them, Phil Bigler (’74, ..

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