The Yale Law Journal

Michael Clemente


A Reassessment of Common Law Protections for "Idiots"

Michael Clemente

When the Eighth Amendment was ratified, common law protections categorically prohibited the execution of “idiots.” On two occasions, the Supreme Court considered whether these protections proscribe executing people with intellectual disabilities; howe…


Roundup: Recent Developments in Criminal Justice and Mental Health Law

Michael Clemente

Over the past few weeks, several major developments have occurred at the intersection of criminal justice and mental health law. This Roundup briefly summarizes these matters and discusses how each reflects current trends in the criminal justice system’s approach to individuals with mental …