Category: Mental State

Cannabis and Mental Disorder

by · Nov 22, 2021 11:27 am

I meant to blog about this a few months ago, but time got away from me.  There is an established link between mental disorders and crime.  Of course, most people who have mental disorders do not commit crime, but the link is well established.  For many years, there has been mounting evidence that cannabis use, particularly during adolescence, increases the risk of developing schizophrenia.  There is an ongoing debate about whether this is a causal or correlational relationship.

Back in July, JAMA Psychiatry published a population-based study from Denmark.  One of the great benefits of the Nordic countries is the ability to conduct population studies due to their public health system structure.  The study, Development Over Time of the Population-Attributable Risk Fraction for Cannabis Use Disorder in Schizophrenia in Denmark, shows that as the prevalence of Cannabis Use Disorder increased, so too did schizophrenia.   As the authors conclude, the results from these longitudinal analyses show the proportion of cases of schizophrenia associated with cannabis use disorder has increased 3- to 4-fold during the past 2 decades.

Another recent study revealed a rise in congenital anomalies among newborns has been observed in Colorado and Washington since 2013, the first states to legalize adult recreational use.  We are in uncharted territory when it comes to cannabis, regardless of one’s opinion about its legal status.

Does AAIDD Have the Power to Amend the Constitution?

by · Nov 1, 2021 4:05 pm

The President cannot amend the Constitution. Congress cannot by itself. The legislatures of the States cannot, by themselves. Only 2/3 of both houses of Congress and 3/4 of the state legislatures (or convention alternatives) can do that, according to Article V of the Constitution. The Founders made it very difficult on purpose, as our fundamental law should rarely change, and only if there is a genuine consensus to change it.

But does the American Association on Intellectual and Developmental Disabilities (AAIDD), a private organization that the people have no voice in selecting, have the power to amend the Eighth Amendment by itself and widen the class of people that amendment (the Supreme Court says) exempts from capital punishment regardless of how horrible the crime or how clearly premeditated it was? That is one possible interpretation of the Supreme Court’s misguided 2017 decision in Moore v. Texas. See this post. The Supreme Court today turned down a case, over the dissent of Justices Sotomayor, Breyer, and Kagan, presenting that question. Continue reading . . .

Supreme Court Decides Two Change-in-Law Questions

by · Jun 14, 2021 8:00 am

The Supreme Court decided two cases today dealing with how to address existing cases when the law changes. Greer v. United States, No. 19-8709, addresses the situation where the defense lawyer does not object at trial, because the law seems settled at the time, but the Supreme Court later decides to the contrary. Terry v. United States, No. 20-5904, addresses which inmates convicted prior to the First Step Act can get their sentences for crack cocaine offenses reduced. Continue reading . . .

Fractured Supreme Court Cripples Armed Career Criminal Act

by · Jun 10, 2021 7:27 am

The U.S. Supreme Court today issued a fractured decision that will severely limit the provision of the Armed Career Criminal Act that allowed the federal government to put away habitual felons who commit three violent felonies.

Definitions of crimes generally require both a bad act and a bad state of mind. For many violent crimes in many states, the bad state of mind may be either intentional or reckless. In deciding whether a prior conviction is for a violent crime, the Supreme Court looks only at the definition, not the actual facts of the crime.

Under today’s decision in Borden v. United States, No. 19-5410, violent crimes that could possibly be committed recklessly will no longer be considered “violent” for ACCA purposes no matter how clearly intentional the crime was in the actual case.

There is no majority opinion providing a coherent rationale for this appalling result. Continue reading . . .

Felony Murder, Depraved Hearts, and the Chauvin Verdict

by · Apr 21, 2021 1:11 pm

Former police officer Derek Chauvin was convicted yesterday of three charges: second-degree murder, third-degree murder, and second-degree manslaughter. (Since all three were based on the same act against the same victim, he will only be punished for one.) Understanding these charges, and how likely they are to be sustained on appeal, requires some background.

Felony Murder

The second-degree murder charge is based on the controversial felony-murder rule. This rule is a prime target of the criminal justice “reform” movement. The California Legislature has abolished the rule to the extent that it can, being limited by a voter-enacted initiative. Continue reading . . .

An Insanity Debate Goes to the Dogs

by · Mar 23, 2020 3:57 pm

This morning I noted the U.S. Supreme Court’s decision in Kahler v. Kansas, upholding a Kansas statute that limits the insanity defense to inability to know what one is doing, omitting the traditional alternative of inability to know that what one is doing is morally wrong. There are many interesting aspects of the debate between Justice Kagan’s opinion for the Court and Justice Breyer’s dissent, but for this post I will focus on just one. The hypothetical that Justice Breyer invokes repeatedly in his argument makes no sense.

Continue reading . . .

Constitution Does Not Require Morality-Based Insanity Defense

by · Mar 23, 2020 7:47 am

The U.S. Supreme Court today rejected the claim that the Constitution requires a State to recognize an insanity defense based on the defendant’s inability to know his conduct is wrong. It is sufficient, if a State so chooses, to limit the defense to the defendant’s inability to know what he was doing. Justice Elena Kagan wrote the opinion of the Court in Kahler v. Kansas, No. 18-6135.

Continue reading . . .