DOCSLIB.ORG

Amicus of the Juvenile Law Center

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Amicus of the Juvenile Law Center No. 03-633 __________________________________________ IN THE SUPREME COURT OF THE UNITED STATES __________________________________________ DONALD ROPER, Superintendent, Potosi Correctional Center, Petitioner v. CHRISTOPHER SIMMONS, Respondent _________________________________________ ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF MISSOURI __________________________________________ Brief of Juvenile Law Center, Children and Family Justice Center, Center on Children and Families, Child Welfare League of America, Children’s Defense Fund, Children’s Law Center of Los Angeles, National Association of Counsel for Children, and 45 other organizations, as AMICI CURIAE In Support of Respondent ___________________________________________ Barbara Bennett Woodhouse Marsha L. Levick* Christopher Slobogin *Counsel of Record Fredric G. Levin College of Law Lourdes M. Rosado Center on Children and Families Nina W. Chernoff P.O. Box 117625 Juvenile Law Center University of Florida 1315 Walnut Street, Suite 400 Gainesville, FL 32601-117625 Philadelphia, PA 19107 (352) 392 9001 (215) 625-0551 Michael C. Small Steven A. Drizin Edward P. Lazarus Northwestern University Jeffrey P. Kehne School of Law, Bluhm Akin Gump Strauss Hauer and Legal Clinic's Children and Feld Family Justice Center 2029 Century Park East 350 East Superior Avenue Los Angeles, CA 90067 Chicago, IL 60611 (310) 229-1000 (312) 503-8576 Counsel for Amici Curiae TABLE OF CONTENTS TABLE OF AUTHORITIES ...................................................... iii INTEREST OF AMICI ................................................................. 1 IDENTITY OF AMICI ................................................................. 1 STATEMENT OF FACTS ........................................................... 1 SUMMARY OF ARGUMENT .................................................... 2 ARGUMENT ................................................................................. 4 I. LEGAL RESTRICTIONS ON THE RIGHTS AND RESPONSIBILITIES OF YOUTH DEMONSTRATE THAT THE EXECUTION OF MINORS UNDER THE AGE OF EIGHTEEN AT THE TIME OF THE OFFENSE FAILS TO SERVE ANY RETRIBUTIVE PURPOSE UNDER THE EIGHTH AMENDMENT....................................5 A. Since Stanford, Increased Legislative Restrictions on Youth’s Participation in Activities Open to Adults Evidence a Consensus about the Incapacities and Impairments of Youth That Make Them Less Culpable for the Purposes of Eighth Amendment Proportionality Analysis....5 B. Supreme Court jurisprudence recognizing the differences between adolescents and adults supports the proposition that adolescents are less culpable than adults for purposes of Eighth Amendment proportionality analysis....................................................13 i II. AS IN ATKINS, THE LEGISLATIVE TREND TO ABOLISH THE JUVENILE DEATH PENALTY IS A COMPELLING STATEMENT OF SOCIETY’S ATTITUDES TOWARD EXECUTING YOUTHFUL OFFENDERS, ESPECIALLY GIVEN THE WIDESPREAD ADOPTION OF LAWS ALLOWING JUVENILES TO BE TRIED IN ADULT COURT DURING THIS SAME TIME PERIOD........................19 III. RESEARCH SINCE STANFORD DEMONSTRATES THAT THE DETERRENT RATIONALE FOR CAPITAL PUNISHMENT IS NOT MET BY IMPOSING IT ON YOUTH UNDER 18......................22 IV. JUVENILES, LIKE THE MENTALLY RETARDED, ARE MORE PRONE TO CONFESSING TO CRIMES THEY DID NOT COMMIT............................................25 CONCLUSION ............................................................................ 30 APPENDIX A ............................................................................. A1 APPENDIX B ............................................................................. B1 APPENDIX C ............................................................................. C1 APPENDIX D ............................................................................. D1 APPENDIX E ............................................................................. E1 APPENDIX F .............................................................................. F1 ii TABLE OF AUTHORITIES UNITED STATES SUPREME COURT CASES Ashcroft v. American Civil Liberties Union, 124 S. Ct. 2783 (2004)..............................................................................................17 Atkins v. Virginia, 536 U.S. 304 (2002)...............2, 4, 12, 19, 25, 27 Bd. of Educ. of Indep. Sch. Dist. No. 92 of Pottawatomie County v. Earls, 536 U.S. 822 (2002) ............................................................ 15 Bellotti v. Baird, 443 U.S. 622 (1979)............................................16 Frazier v. Cupp, 394 U.S. 731 (1969) .......................................... 27 Gallegos v. Colorado, 370 U.S. 49 (1962) .................................... 14 In re Gault, 387 U.S. 1 (1967) ................................................. 14, 15 Ginsburg v. New York, 390 U.S. 629 (1968) ............................... 17 Goss v. Lopez, 419 U.S. 565 (1975) ............................................... 5 Haley v. Ohio, 332 U.S. 596 (1948) ....................................... 13, 14 Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260 (1988) ........... 17 Hodgson v. Minnesota, 497 U.S. 417 (1990) .............. 11, 12, 16, 17 Kaupp v. Texas, 538 U.S. 626 (2003) ..................................... 14, 15 Lee v. Weisman, 505 U.S. 577 (1992) .................................... 17, 18 Marsh v. Chambers, 463 U.S. 783 (1983).......................................18 May v. Anderson, 345 U.S. 528 (1953) ........................................ 13 McKeiver v Pennsylvania, 403 U.S. 528 (1971) .......................... 15 iii Miranda v. Arizona, 384 U.S. 436 (1966) .................................... 27 New Jersey v.T.L.O., 469 U.S. 325 (1985) ................................... 16 Parham v. J.R., 442 U.S. 584 (1979) ........................................... 16 Penry v. Lynaugh, 492 U.S. 302 (1989) ........................................ 2 Prince v. Massachusetts, 321 U.S. 158 (1944)................................17 Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290 (2000) .............. 18 Schall v. Martin, 467 U.S. 253 (1984) ............................. 15, 16, 17 Stanford v. Kentucky, 492 U.S. 361 (1989) ..................... 2, 4, 6, 12 Thompson v. Oklahoma, 487 U.S. 815 (1988) .......... 4, 5, 6, 11, 18 Vernonia Sch. Dist. v. Acton, 515 U.S. 646 (1995) ......... 15, 16, 17 Yarborough v. Alvarado, 124 S. Ct. 2140 (2004) .................. 14, 15 OTHER FEDERAL CASES Hutchins v. District of Columbia, 188 F.3d 531 (D.C. Cir. 1999). .............................................................. 17 Qutb v. Strauss, 11 F.3d 488 (5th Cir. 1993) ............................... 17 Schleifer v. City of Charlottesville, 159 F.3d 843 (4th Cir. 1998).17 Taylor v. Maddox, 366 F.3d 992 (9th Cir. 2004) ........................ 26 FEDERAL STATUTES 10 U.S.C.A. § 505.............................................................................8 50 App. U.S.C.A. § 454....................................................................8 iv Department of Defense Appropriations Act, 1999, Pub. L. No. 105- 262, § 8128, 112 Stat. 2279 (1998) ................................................ 8 STATE CONSTITUTIONAL PROVISIONS Ala. Const. amends. 386, 387...........................................................9 Arizona, Ariz. Const., art. 4, part 2 § 2221 ...................................21 STATE STATUTES Ala. Code § 12-16-60 ..................................................................... 7 Ala. Code § 26-1-1 ........................................................................ 5 Ala. Code § 5-19A..........................................................................10 Ala. Code § 11-65-44 ..................................................................... 9 Ala. Code § 13A-12-200.5 ............................................................. 8 Ala. Code § 13A-12-3 ................................................................. .10 Ala. Code § 26-1-1 ......................................................................... 5 Ala. Code § 28-11-13 ................................................................... 10 Alaska Stat. 05.15.180......................................................................9 Alaska Stat. 11.76.100, .105 ........................................................ 10 Ariz. Rev. Stat. Ann. 5-512, -115 .................................................. 9 Ark. Code Ann. § 27-16-604 ......................................................... 6 Cal. Welf. & Inst. Code § 607.........................................................20 Colo. Rev. Stat. § 42-2-104 ........................................................... 6 v Colo. Rev. Stat. Ann. § 18-13-121 ................................................. 7 Conn. Gen. Stat. § 46b-133c...........................................................19 D.C. Code Ann. § 50-1401.01 ..................................................... 10 Idaho Code 15-2-501 ..................................................................... 9 Illinois, 720 Ill. Comp. Stat. 5/12-10 ........................................... 10 Ind. Code 29-1-5-1 ......................................................................... 9 Ind. Code § 31-30-1-4.....................................................................21 Iowa Code Ann. §§ 633.264, .3 ..................................................... 9 Iowa Code Ann. §§ 99D.1, 99G.30 ................................................ 9 Kan. Stat. Ann. § 38-101 ............................................................... 9 Kan. Stat. Ann. §
Load more

Recommended publications
  • The Biological Basis of Human Behavior and the Criminal
    The Lucretian swerve: The biological basis of human INAUGURAL ARTICLE behavior and the criminal justice system Anthony R. Cashmore1 Department of Biology, University of Pennsylvania, Philadelphia, PA 19104-6018 This contribution is part of the special series of Inaugural Articles by members of the National Academy of Sciences elected in 2003. Contributed by Anthony R. Cashmore, January 12, 2010 (sent for review September 09, 2009) It is widely believed, at least in scientific circles, that living systems, motor neurons, joined to the muscles and the glands of the body, including mankind, obey the natural physical laws. However, it is using a mechanism of both electrical and chemical transmission. also commonly accepted that man has the capacity to make “free” Despite the essentially unlimited theoretical capacity of the brain to conscious decisions that do not simply reflect the chemical makeup store and use information—enough to confer individual person- of the individual at the time of decision—this chemical makeup alities to multiple billions of individuals—one still hears a sense of reflecting both the genetic and environmental history and a degree certainty that “surely I am more complicated than that!” of stochasticism. Whereas philosophers have discussed for centuries the apparent lack of a causal component for free will, many biolo- Descartes and the Magic of the Soul gists still seem to be remarkably at ease with this notion of free will; At least as long ago as the early Greek civilization, people have and furthermore, our judicial system is based on such a belief. It is worried about the compatibility or otherwise of the laws of nature the author’s contention that a belief in free will is nothing other and the apparent capacity of mankind to make conscious decisions than a continuing belief in vitalism—something biologists proudly that are not simply a reflection of their makeup and the sur- believe they discarded well over 100 years ago.
    [Show full text]
  • July 1, 2019 - June 30, 2020
    DeWitt Wallace Institute of Psychiatry: History, Policy, and the Arts 2019-2020 ANNUAL REPORT The DeWitt Wallace Institute of Psychiatry: History, Policy, and the Arts Our Mission • To support, carry out, and advise scholarship in a broad range of is- sues relevant to the present day theory and practice of psychiatry. • To use in-depth studies of the past to enhance understanding of the many complex matters that surround contemporary thinking and practice regarding mental health and illness. • To foster an open atmosphere drawing a range of interdisciplinary perspectives to important questions in the field. • To bridge studies of the past with the science of the future, and connect the domains of science and the humanities. Our Programs • The world’s longest-running research seminar devoted to the history of the field. • Working groups on historical, artistic, and narrative practices surround- ing the overlapping fields of psychiatry, psychology, and psychoanalysis. • Forums and associated white papers addressing contemporary issues in mental health policy. The Oskar Diethelm Library • Over 35,000 volumes in Latin, English, German, French, Italian, and more, dating from the 15th century to the present moment. • Periodical holdings including long back runs of rare psychiatric journals. • Manuscript collections and unpublished papers from numerous organi- zations and critically important individuals. • Hospital and asylum reports of the 19th and early 20th centuries. • Early and rare first-person accounts of psychiatric illness, alcoholism,
    [Show full text]
  • Syllabus and Proceedings Advances in Medicine Each Year in Medical Treatment and Lost Productivity
    Syllabus and Proceedings Advances in Medicine each year in medical treatment and lost productivity. Further, as the public health crisis of prescription Saturday, May 20, 2017 drug abuse continues to grip the nation, the need to understand the biology of pain and the risks and Medical Mysteries and Practical Med Psych benefits of various pain treatments becomes critical. Updates: Is It “Medical,” “Psychiatric” or a Little of Despite these alarming concerns, few resources have Both...? been dedicated to study pain. Pain is the least Chair: Robert McCarron, D.O. studied phenomenon at the National Institutes of Presenters: Pritham Raj, M.D., Jeremy DeMartini, Health (NIH), yet the most common reason patients Glen Xiong, M.D., Matthew Reed, M.D. proceed to the emergency room seeking care. Moreover, many studies have documented EDUCATIONAL OBJECTIVE: substantial deficits regarding pain education in many 1) Better understand the interplay between general pre-licensure curricula in various health fields. medical conditions and abnormal or maladaptive Essential to the assessment of chronic pain is a behavior; 2) Discuss both common and less common detailed working knowledge of the biopsychosocial psychiatric presentations of frequently encountered model and the influence of mood on pain and vice general medical conditions; and 3) Review “up to versa. The following dynamic discussion will allow date” and evidence-based practice patterns for for a brief but important review of how pain figures medical/psychiatric conditions. into the model and the critical relationship between mood and pain. Next, we will address novel SUMMARY: therapies that address both mood and pain and dive Psychiatrists often encounter clinical scenarios that into the complex phenomenon of how we physically may not have a clear explanation.
    [Show full text]
  • The Semantics of Insanity
    Oklahoma Law Review Volume 36 Number 3 1-1-1983 The Semantics of Insanity Gertrude Block Follow this and additional works at: https://digitalcommons.law.ou.edu/olr Part of the Law Commons Recommended Citation Gertrude Block, The Semantics of Insanity, 36 OKLA. L. REV. 561 (1983), https://digitalcommons.law.ou.edu/olr/vol36/iss3/3 This Article is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in Oklahoma Law Review by an authorized editor of University of Oklahoma College of Law Digital Commons. For more information, please contact [email protected]. THE SEMANTICS OF INSANITY GERTRUDE BLOCK* The modern insanity defense is rooted in the concept that mens rea (a guilty or vicious mind) is necessary for crime. For hundreds of years, the statement, Actus non facit reum nisi mens sit rea ("An act does not make [the actor] guilty unless his mind is guilty"), has been the legal basis for criminal responsibility.' But the concept of mens rea was not always a part of common law. Anglo-Saxon law held that intent was not a necessary element of crime. The act itself was considered rather than the intent behind it, and repara- tion was demanded of the actor for the consequences of his act.' The law required compensation in the interest of peace rather than punish- ment of the offender; to avoid the blood feud that would otherwise result, compensation was made to the injured person, or in the case of murder, to his kin.3 Compensation was awarded, as well, to the feudal lord for the death or injury of his servant.
    [Show full text]
  • Forensic Psychiatric Associates
    CURRICULUM VITAE Date of Birth: March 23, 1951 Place of Birth: Argentina Marital Status: Married Citizenship: United States of America English/Spanish License: New Jersey: since September 1989 New York: since June 1980 Florida: since November 2012 [Medical Doctor Expert Witness] Maryland: since February 1979 [inactive] Board Certification: Diplomate: American Board of Psychiatry and Neurology (P): # 22820 - November 1981. Diplomate: American Board of Forensic Examiners (P): # 1200 - October 1995. Diplomate: American Board of Forensic Medicine: # 452 - January 1996. Diplomate: American Board of Psychiatry and Neurology: #991, Subspecialty Certification in Forensic Psychiatry, to December 2029. Distinctions: Distinguished Life Fellow: American Psychiatric Association, highest honor that the profession can bestow. October 2013. Distinguished Fellow: American Psychiatric Association, January 2003 Fellow: American Psychiatric Association, December 2001. Life Fellow: American College of Forensic Examiners: # 5029, October 1996. Awards: Faculty Service Achievement Award: New York University School of Medicine, April 14, 2007. Faculty Service Achievement Award: New York University School of Medicine, January 23, 2018. f Candidate on the Fulbright Specialist Roster: J. William Fulbright Foreign Scholarship Board (FSB), the U.S. Department of State’s Bureau of Education and Cultural Affairs (ECA), and the Council for International Exchange of Scholars (CIES), June 11, 2012. EDUCATION • B.S. Peruvian University Cayetano Heredia-School of Medicine, Lima – Peru; 1968-1970. • M.D. Peruvian University Cayetano Heredia-School of Medicine, Lima - Peru; 1970-1977. • Class Rank: 9 in a class of 61 graduating medical students. • Psychiatric Residency: Department of Psychiatry, State University of New York-Kings County Hospital Center, Brooklyn, New York 1977-1980. • Psychoanalytic Training: The Psychoanalytic Institute at New York University School of Medicine, New York 1977-1990.
    [Show full text]
  • Insanity Verdict the Psychopath and Post-Acquittal Confinement, the Abraham L
    McGeorge Law Review Volume 24 | Issue 3 Article 7 1-1-1993 Insanity Verdict the Psychopath and Post-Acquittal Confinement, The Abraham L. Halpern University of the Pacific; cGeM orge School of Law Follow this and additional works at: https://scholarlycommons.pacific.edu/mlr Part of the Law Commons Recommended Citation Abraham L. Halpern, Insanity Verdict the Psychopath and Post-Acquittal Confinement, The, 24 Pac. L. J. 1125 (1993). Available at: https://scholarlycommons.pacific.edu/mlr/vol24/iss3/7 This Article is brought to you for free and open access by the Journals and Law Reviews at Scholarly Commons. It has been accepted for inclusion in McGeorge Law Review by an authorized editor of Scholarly Commons. For more information, please contact [email protected]. The Insanity Verdict, The Psychopath, And Post-Acquittal Confinement Abraham L. Halpern* INTRODUCTION Over the past thirty years I have criticized the insanity defense on the grounds that, rather than uplifting the law's moral character, it makes a mockery of the criminal justice system; that its practical application is frequently harmful to the population it is intended to benefit; and that it undermines the processes of the law and tarnishes the public sense of justice.' In this paper, I shall focus on the successful use of the insanity defense by a defendant which results, in many instances, either in the hospitalization of the acquittee in overcrowded and chronically understaffed institutions or in his incarceration in prison. In the event that the acquittee following his institutionalization is found not to be mentally ill or * Clinical Professor of Psychiatry, New York Medical College; M.D., University of Toronto, 1952.
    [Show full text]
  • Abraham Leon Halpern, MD (1925-2013)
    2 TABLE OF CONTENTS Message from WASP President / Driss Moussaoui 3 Social Psychiatry - Past and Future / Thomas Craig 4 Letter from the Secretary General / Roy Abraham Kallivayalil 8 WASP Treasurer’s Letter / Michaela Amering 10 Message from the President, WPA / Pedro Ruiz 12 Message from the President- Elect, WPA / Dinesh Bhugra 13 Forthcoming WASP Co-sponsored Meetings 14 Message from the President, WAPR / Afzal Javed 15 News from AASP / Rama Rao Gogineni 17 Understanding the Relationship between Religiousness, Spirituality and Positive Psychology / Shridhar Sharma 23 Some Recent News in Social Psychiatry / Tsutomu Sakuta 38 Social Psychiatry in India / R. Srinivasa Murthy 41 The Future of Psychiatry / Mohan Isaac 45 India’s Contributions to Social Psychiatry / Rakesh K Chadda 53 XXII World Congress of WASP, New Delhi - 2016 59 Stills from WPA Bucharest Congress 61 WASP Newsletter June – July 2013 | 3 he 21st World Congress of Social Psychiatry (WCSP) will take place in T Lisbon, Portugal from 29 June to 3 July 2013. The theme of this WCSP is “The Bio-psycho-social Model: The Future of Psychiatry”. More than 1,200 participants will attend from 80 different countries, exchanging around an excellent program set up by Thomas Craig and Norman Sartorius. The city of Lisbon is a pleasant one with plenty of historical sites to visit. Professor Driss This congress will definitely be a success, Moussaoui as it was the case in Marrakech in 2010, President, World and as it will be in 2016 in New Delhi, the Association for Social next site of
    [Show full text]
  • Mental Health News Fall 2006
    7th Anniversary Issue MENTAL HEALTH NEWSTM YOUR TRUSTED SOURCE OF INFORMATION, EDUCATION, ADVOCACY AND RESOURCES FALL 2006 FROM THE LOCAL, STATE, AND NATIONAL NEWS SCENE VOL. 8 NO. 4 The Psychological Dimensions of Physical Illness By the National Institute cancer and other physical illnesses. How- of Mental Health (NIMH) ever, skilled health professionals will rec- ognize the symptoms of depression and Depression and Cancer inquire about their duration and severity, diagnose the disorder, and suggest appro- priate treatment. esearch has enabled many men, women, and young people with Depression Facts cancer to survive and to lead fuller, more productive lives, Depression is a serious medical condi- Rboth while they are undergoing treatment, tion that affects thoughts, feelings, and the and afterwards. As with other serious ill- ability to function in everyday life. De- nesses, such as HIV, heart disease, or pression can occur at any age. NIMH- stroke, cancer can be accompanied by sponsored studies estimate that 6 percent depression, which can affect mind, mood, of 9- to 17-year-olds in the U.S. and al- body and behavior. Treatment for depres- most 10 percent of American adults, or sion helps people manage both diseases, about 19 million people age 18 and older, thus enhancing survival and quality of life. experience some form of depression every About 9 million Americans of all ages year. Although available therapies allevi- are living with a current or past diagnosis ate symptoms in over 80 percent of those of cancer. People who face a cancer diag- treated, less than half of people with de- nosis will experience many stresses and pression get the help they need.
    [Show full text]
  • Ethics in Psychiatry INTERNATIONAL LIBRARY of ETHICS, LAW, and the NEW MEDICINE
    Ethics in Psychiatry INTERNATIONAL LIBRARY OF ETHICS, LAW, AND THE NEW MEDICINE Founding Editors DAVID C. THOMASMA† DAVID N. WEISSTUB, Université de Montréal, Canada THOMASINE KIMBROUGH KUSHNER, University of California, Berkeley, U.S.A. Editor DAVID N. WEISSTUB, Université de Montréal, Canada Editorial Board TERRY CARNEY, University of Sydney, Australia MARCUS DÜWELL, Utrecht University, Utrecht, the Netherlands SØREN HOLM, University of Cardiff, Wales,United Kingdom GERRIT K. KIMSMA, Vrije Universiteit, Amsterdam, the Netherlands DAVID NOVAK, University of Toronto, Canada EDMUND D. PELLEGRINO, Georgetown University, Washington D.C., U.S.A. DOM RENZO PEGORARO, Fondazione Lanza and University of Padua, Italy DANIEL P. SULMASY, Saint Vincent Catholic Medical Centers, New York, U.S.A. LAWRENCE TANCREDI, New York University, New York, U.S.A. VOLUME 45 For further volumes: http://www.springer.com/series/6224 Hanfried Helmchen · Norman Sartorius Editors Ethics in Psychiatry European Contributions 123 Editors Prof. Dr. Hanfried Helmchen Prof. Dr. Norman Sartorius Charitè – University Medicine Berlin chemin Colladon 14 Dept. Psychiatry & Psychotherapy, CBF 1209 Geneve Eschenallee 3 Switzerland 14050 Berlin [email protected] Germany [email protected] ISSN 1567-8008 ISBN 978-90-481-8720-1 e-ISBN 978-90-481-8721-8 DOI 10.1007/978-90-481-8721-8 Springer Dordrecht Heidelberg London New York Library of Congress Control Number: 2010931105 © Springer Science+Business Media B.V. 2010 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work.
    [Show full text]
  • The Lucretian Swerve: the Biological Basis of Human Behavior
    The Lucretian swerve: The biological basis of human INAUGURAL ARTICLE behavior and the criminal justice system Anthony R. Cashmore1 Department of Biology, University of Pennsylvania, Philadelphia, PA 19104-6018 This contribution is part of the special series of Inaugural Articles by members of the National Academy of Sciences elected in 2003. Contributed by Anthony R. Cashmore, January 12, 2010 (sent for review September 09, 2009) It is widely believed, at least in scientific circles, that living systems, motor neurons, joined to the muscles and the glands of the body, including mankind, obey the natural physical laws. However, it is using a mechanism of both electrical and chemical transmission. also commonly accepted that man has the capacity to make “free” Despite the essentially unlimited theoretical capacity of the brain to conscious decisions that do not simply reflect the chemical makeup store and use information—enough to confer individual person- of the individual at the time of decision—this chemical makeup alities to multiple billions of individuals—one still hears a sense of reflecting both the genetic and environmental history and a degree certainty that “surely I am more complicated than that!” of stochasticism. Whereas philosophers have discussed for centuries the apparent lack of a causal component for free will, many biolo- Descartes and the Magic of the Soul gists still seem to be remarkably at ease with this notion of free will; At least as long ago as the early Greek civilization, people have and furthermore, our judicial system is based on such a belief. It is worried about the compatibility or otherwise of the laws of nature the author’s contention that a belief in free will is nothing other and the apparent capacity of mankind to make conscious decisions than a continuing belief in vitalism—something biologists proudly that are not simply a reflection of their makeup and the sur- believe they discarded well over 100 years ago.
    [Show full text]
  • Mental Health News Fall 2005
    MENTAL HEALTH NEWSTM YOUR TRUSTED SOURCE OF INFORMATION, EDUCATION, ADVOCACY AND RESOURCES FALL 2005 FROM THE LOCAL, STATE, AND NATIONAL NEWS SCENE VOL. 7 NO. 4 Understanding and Treating Schizophrenia National Institute of tion hold the promise of new insights Mental Health, NIMH into the disorder. Schizophrenia as an Illness chizophrenia is a chronic, se- vere, and disabling brain dis- Schizophrenia is found all over the ease. Approximately 1 percent world. The severity of the symptoms and S of the population develops long-lasting, chronic pattern of schizo- schizophrenia during their lifetime— phrenia often cause a high degree of more than 2 million Americans suffer disability. Medications and other treat- from the illness in a given year. Al- ments for schizophrenia, when used though schizophrenia affects men and regularly and as prescribed, can help women with equal frequency, the disor- reduce and control the distressing symp- der often appears earlier in men, usually toms of the illness. However, some peo- in the late teens or early twenties, than in ple are not greatly helped by available women, who are generally affected in treatments or may prematurely discon- the twenties to early thirties. People with tinue treatment because of unpleasant schizophrenia often suffer terrifying side effects or other reasons. Even when symptoms such as hearing internal treatment is effective, persisting conse- voices not heard by others, or believing quences of the illness—lost opportunities, that other people are reading their minds, stigma, residual symptoms, and medication controlling their thoughts, or plotting to side effects—may be very troubling. harm them. These symptoms may leave to suffer some symptoms throughout and safer medications and unraveling The first signs of schizophrenia often them fearful and withdrawn.
    [Show full text]
  • 121-Reeves-Declaration
    Case 2:17-cv-00050-CCC-CLW Document 121 Filed 02/06/20 Page 1 of 4 PageID: 1494 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY : Honorable Claire C. Cecchi, U.S.D.J. JIONNI CONFORTI, : Honorable Cathy L. Waldor, U.S.M.J. : Plaintiff, : : Case No. 2:17-cv-00050 (CCC/CLW) v. : : ST. JOSEPH’S HEALTHCARE SYSTEM, : INC., ST. JOSEPH’S HOSPITAL AND : MEDICAL CENTER D/B/A ST. JOSEPH’S : REGIONAL MEDICAL CENTER, and : FATHER MARTIN D. ROONEY, : : Defendants. : DECLARATION OF DONALD RAYMOND REEVES, JR., M.D. DONALD RAYMOND REEVES, JR., M.D. declares as follows: 1. I have been retained by counsel for Defendants St. Joseph’s Health, Inc., St. Joseph’s University Medical Center, Inc., and Father Martin D. Rooney (collectively, “Defendants”) to serve as an expert witness in this matter. 2. I am a physician specializing in psychiatry, licensed in the States of New Jersey and New York, and board certified in Psychiatry and the subspecialty of Forensic Psychiatry. My Curriculum Vitae is included with this declaration as Attachment A. If called as a witness, I could and would competently testify to these facts as set forth herein. 3. By way of brief biographical background, I obtained my undergraduate degree from Princeton University with a major in psychology in 1986 and obtained my medical degree from the University of Texas Southwestern Medical Center in 1991. Thereafter, I attended my medical residency in psychiatry and participated in a fellowship program in psychiatry, both at St. ME1 32583901v.1 Case 2:17-cv-00050-CCC-CLW Document 121 Filed 02/06/20 Page 2 of 4 PageID: 1495 Vincent’s Hospital in New York, New York.
    [Show full text]