Applications of Neuropsychology in Capital Felony (Death Penalty) Defense

Abstract

ABSTRACT Death penalty litigation is qualitatively different from other forms of criminal prosecution, representing the ultimate authority of the state to take life legally. Many death penalty eligible defendants have known or suspected brain injury or other forms of central nervous system compromise. This paper reviews a team approach, involving consulting and testifying neuropsychologists, to death penalty litigation as it relates to the issues of competency, criminal responsibility, and moral culpability. The special case of the death penalty defendant who may have mental retardation is also addressed.