Behavioral Health Experts Claim Head Movement While Speaking Indicator Whether Women Are Psychopathic by Douglas Ankney by Douglas Ankney According to the authors of a study from the University of New Mexico, “[n]onverbal behaviors (i.e., head dynamics) represent an important, yet understudied, form of communication that may enhance our ability …

SCOTUS Announces First Amendment Requires Mens Rea of Recklessness for ‘True Threats’ Conviction by Richard Resch by Richard Resch The Supreme Court of the United States held that criminal liability for true threats, which are not protected by the First Amendment, requires proof that the defendant had a subjective understanding …

Ninth Circuit: IAC for Failure to Engage Mental Health Expert and Testing, State PCR Court’s Decision Contrary to Federal Law and Defective Factfinding, Habeas Relief Granted by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held that trial counsel’s failure to obtain a mental …

Vermont Supreme Court Announces Rule 12.1 Doesn’t Require Notice of Diminished Capacity Defense When Expert Testimony Won’t Be Used by Matthew Clarke by Matt Clarke The Supreme Court of Vermont held that a trial court erred when it prohibited a defendant from raising the defense of diminished capacity, without relying …

California Court of Appeal Announces Suffering From a Nonqualifying Mental Disorder While Also Suffering From a Qualifying Disorder Does Not Bar Eligibility for Mental Health Diversion Under § 1001.36 by Anthony Accurso by Anthony W. Accurso The Court of Appeal of California, Fifth Appellate District, vacated a trial court’s decision …

Reevaluating Capital Punishment and Psychosis: How Sane Must We Be to Qualify for Execution? by Michael Fortino, Ph.D by Michael Fortino, Ph.D. You have been assigned to be a juror in each of the following cases, and your responsibility is to decide which of these guilty suspects is sane enough …