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The Integrationist Alternative to the Insanity Defense: Reflections on the Exculpatory Scope of Mental Illness in the Wake of the Andrea Yates Trial
(American Journal of Criminal Law, 2003)
On June 20, 2001, Andrea Yates took the lives of her five children by drowning them, one by one, in a bathtub. At her trial on capital murder charges nine months later, she pleaded insanity. Despite very credible evidence ...
Mental Illness and Self-Representation: Faretta, Godinez and Edwards
(Ohio State Journal of Criminal Law, 2009)
In the recent decision of Indiana v. Edwards the Supreme Court held that the right to represent oneself may be denied to defendants who are competent to stand trial if they "still suffer from severe mental illness to the ...
Peeping Techno-Toms and the Fourth Amendment: Seeing Through Kyllo's Rules Governing Technological Surveillance
(Minnesota Law Review, 2002)
This article suggests that the Supreme Court's decision in Kyllo v. United States may not be as protective of the home as it first appears. Kyllo held that use of a thermal imager to detect heat sources inside the home is ...
Subpoenas and Privacy
(DePaul Law Review, 2005)
This symposium article, the first of two on regulation of government's efforts to obtain paper and digital records of our activities, analyzes the constitutional legitimacy of subpoenas. Whether issued by a grand jury or ...
Mental Disorder as an Exemption from the Death Penalty: The ABA-IRR Task Force Recommendations
(Catholic University Law Review, 2005)
The Task Force on Mental Disability and the Death Penalty (Task Force) established by the Individual Rights and Responsibilities Section of the American Bar Association (ABA-IRR) has proposed that the ABA adopt three ...
Race-Based Defenses--The Insights of Traditional Analysis
(Arkansas Law Review, 2002)
The determination of whether racialized defenses should be permitted depends upon a number of factors. Professor Alfieri is right to emphasize race-consciousness as an important variable, but wrong to give it dispositive ...
The Criminal Defense Lawyer's Fiduciary Duty to Clients With Mental Disability
(Fordham Law Review, 2000)
This Article has argued that the defense attorney has a multifaceted fiduciary duty toward the client with mental disability. That duty requires, first and foremost, respect for the autonomy of the client. The lawyer shows ...
The Death Penalty in Florida
(Elon Law Review, 2009)
This article summarizes the findings and recommendations of the ABA Death Penalty Moratorium Implementation Project's Florida Assessment Team, which I chaired. Relying on an analysis of caselaw, studies, news reports, and ...
Justice Ginsburg's Gradualism in Criminal Procedure
(Ohio State Law Journal, 2009)
This article, written for a symposium analyzing Justice Ginsburg’s jurisprudence on the 15th anniversary of her tenure on the Supreme Court, is the first sustained look at her views on criminal procedure issues (search and ...
A Defense of the Integrationist Test as a Replacement for the Special Defense of Insanity
(Texas Tech Law Review, 2009)
This article, written for a symposium on "Criminal Law and the Excuses," defends the "Integrationist" approach to analysis of the exculpatory effect of mental disability that I developed in Chapter Two of my book, Minding ...