A Fair Trial: When the Constitution Requires Attorneys to Investigate Their Clients\u27 Brains

The U.S. Constitution guarantees every criminal defendant the right to a fair trial. This fundamental right includes the right to a defense counsel who provides effective assistance. To be effective, attorneys must sometimes develop specific types of evidence in crafting the best defense. In recent years, the U.S. Supreme Court has found that defense attorneys did not provide effective assistance when they failed to consider neuroscience. But when must defense attorneys develop neuroscience in order to provide effective assistance? This question is difficult because the standard for determining effective assistance is still evolving. There are two leading approaches. First, in Strickland v. Washington, the Court adopted a two-prong “reasonableness” test, which, according to Justice O’Conner, may result in court decisions that fail to properly protect a criminal defendant’s rights. Recently, courts have adopted a second approach based on guidelines promulgated by the American Bar Association. This Note aims to answer this question. It first provides a background on the right to effective assistance of counsel and briefly describes neuroscience evidence, oppositions to and limitations on in its use, and its admissibility in court. Second, this Note attempts to give some guidance to attorneys by exploring the American Bar Association and U.S. Supreme Court standards. Third, it summarizes the results of a statistical analysis conducted by the author, which helps further define when courts require attorneys to develop neuroscience evidence. It concludes by arguing that attorneys need guidance to ensure they are not violating the Sixth Amendment. This Note expands on the American Bar Association’s standard and suggests a framework attorneys may use to determine whether they should develop neuroscience evidence to ensure that their client has a fair trial

A Fair Trial: When the Constitution Requires Attorneys to Investigate Their Clients\u27 Brains

The U.S. Constitution guarantees every criminal defendant the right to a fair trial. This fundamental right includes the right to a defense counsel who provides effective assistance. To be effective, attorneys must sometimes develop specific types of evidence in crafting the best defense. In recent years, the U.S. Supreme Court has found that defense attorneys did not provide effective assistance when they failed to consider neuroscience. But when must defense attorneys develop neuroscience in order to provide effective assistance? This question is difficult because the standard for determining effective assistance is still evolving. There are two leading approaches. First, in Strickland v. Washington, the Court adopted a two-prong “reasonableness” test, which, according to Justice O’Conner, may result in court decisions that fail to properly protect a criminal defendant’s rights. Recently, courts have adopted a second approach based on guidelines promulgated by the American Bar Association. This Note aims to answer this question. It first provides a background on the right to effective assistance of counsel and briefly describes neuroscience evidence, oppositions to and limitations on in its use, and its admissibility in court. Second, this Note attempts to give some guidance to attorneys by exploring the American Bar Association and U.S. Supreme Court standards. Third, it summarizes the results of a statistical analysis conducted by the author, which helps further define when courts require attorneys to develop neuroscience evidence. It concludes by arguing that attorneys need guidance to ensure they are not violating the Sixth Amendment. This Note expands on the American Bar Association’s standard and suggests a framework attorneys may use to determine whether they should develop neuroscience evidence to ensure that their client has a fair trial

The alphaviruses: gene expression, replication, and evolution

The alphaviruses are a genus of 26 enveloped viruses that cause disease in humans and domestic animals. Mosquitoes or other hematophagous arthropods serve as vectors for these viruses. The complete sequences of the +/- 11.7-kb plus-strand RNA genomes of eight alphaviruses have been determined, and partial sequences are known for several others; this has made possible evolutionary comparisons between different alphaviruses as well as comparisons of this group of viruses with other animal and plant viruses. Full-length cDNA clones from which infectious RNA can be recovered have been constructed for four alphaviruses; these clones have facilitated many molecular genetic studies as well as the development of these viruses as expression vectors. From these and studies involving biochemical approaches, many details of the replication cycle of the alphaviruses are known. The interactions of the viruses with host cells and host organisms have been exclusively studied, and the molecular basis of virulence and recovery from viral infection have been addressed in a large number of recent papers. The structure of the viruses has been determined to about 2.5 nm, making them the best-characterized enveloped virus to date. Because of the wealth of data that has appeared, these viruses represent a well-characterized system that tell us much about the evolution of RNA viruses, their replication, and their interactions with their hosts. This review summarizes our current knowledge of this group of viruses

Measuring Differences in the Effect of Social Resource Factors on the Health of Elderly Canadian Men and Women

It is well-documented that differences in the exposure to social resources play a significant role in influencing gender inequalities in health in old age. It is less clear in the literature if social factors have a differential impact on the health of older men and women. This paper examines gender differences in the patterns of social predictors of health among elderly persons. Using data from the 1998-1999 Canadian National Population Health Survey, the findings show that differences in socio-economic, lifestyle, and psychosocial resources contribute to variation in the health status of elderly persons in terms of self-rated health and functional and chronic health. Many of these predictors of health, however, differ in their effect on health between elderly males and females. The impact of age and exercise on health is larger for older women compared to older men, yet income, smoking, level of social support, and distress have a greater effect on health for older men than they do for older women. These gender differences have important policy implications for health-care promotion and delivery services. Health policy needs to reflect the underlying social determinants of health, and their differential influence on the health of elderly men and women.Gender, Morbidity, Disability, Self-rated Health, Psychosocial, Lifestyle, Old age, Canada, NPHS

Gender Differences in the Influence of Economic, Lifestyle, and Psychosocial Factors on Later-life Health

This paper examines the differential impact of social forces on the health of men and women aged 65+ using data from the 1994-1995 National Population Health Survey. Multiple regression analysis is used to estimate gender differences in the influence of socio-economic, lifestyle, and psychosocial factors on both self-rated health and overall functional health. Some key findings are: 1) the relationship between income and health is significant for older women, but not for older men, while the opposite occurs for education; 2) having an acceptable body weight is positively associated with health for elderly women only; and 3) stress-related factors are generally much stronger determinants of health for older women. These findings shed light on the processes of healthy aging for men and women.health; aging; gender differences; NPHS

Job Developer Types, Placement Practices and Outcomes Technical Report

Despite numerous employment initiatives, people with disabilities are significantly more likely to experience unemployment and consequently, reduced economic and social well-being and a dminished quality of life than their non disabled peers. In a recent national survey of employers, less than 14% of companies indicated that they actively recruit jobseekers with disabilities. Thus, the role of the job development professional is pivotal to helping job seekers with disabilities to find, secure and maintain employment. This research report examined the attitudes and beliefs of job development processionals articulated in a previous technical report by TransCen, Inc. and looked to further explore the relationship between the types, other personal characteristics and placement outcomes of the various job developer types

The Weak Field Limit of the Magnetorotational Instability

We investigate the behavior of the magneto-rotational instability in the limit of extremely weak magnetic field, i.e., as the ratio of ion cyclotron frequency to orbital frequency (X) becomes small. Considered only in terms of cold two-fluid theory, instability persists to arbitrarily small values of X, and the maximum growth rate is of order the orbital frequency except for the range m_e/m_i < |X| < 1, where it can be rather smaller. In this range, field aligned with rotation (X > 0) produces slower growth than anti-aligned field (X < 0). The maximum growth rate is generally achieved at smaller and smaller wavelengths as |X| diminishes. When |X| < m_e/m_i, new unstable "electromagnetic-rotational" modes appear that do not depend on the equilibrium magnetic field. Because the most rapidly-growing modes have extremely short wavelengths when |X| is small, they are often subject to viscous or resistive damping, which can result in suppressing all but the longest wavelengths, for which growth is much slower. We find that this sort of damping is likely to curtail severely the frequently-invoked mechanism for cosmological magnetic field growth in which a magnetic field seeded by the Biermann battery is then amplified by the magneto-rotational instability. On the other hand, the small |X| case may introduce interesting effects in weakly-ionized disks in which dust grains carry most of the electric charge.Comment: 30 pages, including 4 figures; revised version resubmitted to Ap