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Juvenile Confinement Exacerbates Adversity Burden: A Neurobiological Impetus for Decarceration
Current juvenile justice practices can cause further harm to youth already exposed to hardship. Confinement can negatively impact brain development and quality of life for young people.
PTSD and Trauma as Mitigating Factors in Sentencing in Capital Cases
PTSD can be used in criminal defense as a mitigating factor, especially during sentencing. Courts are often skeptical of PTSD claims, but defense teams should investigate severe trauma in clients facing the death penalty.
Improved Emotion Regulation Following a Trauma-Informed Cbt-Based Intervention Associates With Reduced Risk for Recidivism in Justice-Involved Emerging Adults
Justice-involved male youth experience high rates of trauma and mental illness, which often go untreated. Addressing these underlying mental health issues, particularly emotion regulation, could reduce re-incarceration risks.
Amici Curiae Brief of the Innocence Project, Inc. and Washington Innocence Project
Mistaken eyewitness identification is a leading cause of wrongful convictions. This brief argues that courts should update their rules for admitting eyewitness testimony to reflect modern scientific understanding of memory and perception.
Working Memory Is Complex and Dynamic, Like Your Thoughts
Working memory involves both persistent neural activity and "activity-silent" periods. During silent times, memories are held by short-term changes in brain connections, like an impression left by neural firing.
Post-Traumatic Stress Disorder: Clinical and Translational Neuroscience From Cells to Circuits
PTSD symptoms include re-experiencing trauma, avoidance, negative emotions, and hyperarousal. Risk factors include genetics, prior trauma, and trauma type. Women have a higher prevalence than men.
MC v. Cabinet for Health & Family
The Kentucky Supreme Court vacated neglect findings, ruling a father's alcohol use did not show a real risk of harm. Removal requires clear evidence of actual or likely harm to children.
In re KB
The court removed three children from their parents due to recent meth use, denial of substance abuse, and failure to supervise, which posed a risk of harm.
State v. Harris
The court upheld Harris's 30-year sentence for robbery despite his PCP use during the crime. His drug-induced state did not lessen his legal responsibility for the offense.
People v. DM
D.M. was resentenced under a domestic violence law. Her crime and substance use were connected to long-term abuse, leading the court to reduce her prison sentence.
Chappell v. State
Chappell's 2021 Arizona death sentence was upheld. The court found the sentence reasonable despite arguments about trauma and substance use, given the crime's severity.
People v. Oneal
The court denied mental health diversion, finding the defendant's crimes were caused by drug use, not mental illness. An appeals court upheld this decision.
United States v. Mathews
The court granted Michael Mathews compassionate release due to his obesity, substance use disorders, and the risk of COVID-19 variants in prison, despite his vaccination status.
People v. Panozo
The court found a judge did not consider a veteran's PTSD and substance use tied to military service during sentencing. The case was returned for a new sentencing.
People v. DL
The court reduced D.L.'s sentence due to trauma and crack cocaine addiction stemming from childhood sexual abuse, as permitted by the Domestic Violence Survivors Justice Act.