Capital sentencing and neuropsychiatry

Samuel Jan Brakel*, Douglas E. Tucker

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

1 Scopus citations

Abstract

The neuropsychiatric contribution to capital sentencing proceedings has grown substantially in recent decades as the consideration of neurological and psychiatric factors in criminal behavior has been increasingly accepted as relevant to the quest for justice. This review article will focus on the legal theories underlying neuropsychiatric input into capital sentencing decisions, as well as some of the investigative techniques and resulting data which may be offered by forensic neuropsychiatrists in this context. The death penalty is unique in its severity and irreversibility, as the courts, including the U.S. Supreme Court, have noted repeatedly. “Death is different,” and the recognition of this has generated a set of court decisions and statutes pertinent specifically to capital proceedings, both procedural and substantive.

Original languageEnglish (US)
Pages (from-to)56-64
Number of pages9
JournalBehavioral Sciences and the Law
Volume42
Issue number1
DOIs
StatePublished - Jan 1 2024

Keywords

  • aggravation
  • capital punishment
  • criminal sentencing
  • death penalty
  • ethics
  • forensic neuropsychiatry
  • intellectual disability
  • juvenile offenders
  • mitigation
  • psychopathy
  • risk assessment

ASJC Scopus subject areas

  • Clinical Psychology
  • Psychiatry and Mental health
  • Law

Fingerprint

Dive into the research topics of 'Capital sentencing and neuropsychiatry'. Together they form a unique fingerprint.

Cite this