News and Commentary Archive

Explore recent scientific discoveries and news as well as CLBB events, commentary, and press.

Mission

The speed of technology in neuroscience as it impacts ethical and just decisions in the legal system needs to be understood by lawyers, judges, public policy makers, and the general public. The Massachusetts General Hospital Center for Law, Brain, and Behavior is an academic and professional resource for the education, research, and understanding of neuroscience and the law. Read more

19-Year-Olds Don’t Belong in Adult Prisons

By Nancy Gertner | The Boston Globe | June 20, 2017

Governor Baker introduced a criminal justice bill in February to great fanfare. Designed to give prisoners incarcerated on mandatory minimum sentences access to good-time credit to hasten their release and to provide reentry programming, it received wide bipartisan support — as it should. The justification was clear. “Reducing recidivism,” Baker said, was the bill’s focus. The people of Massachusetts benefit “when more individuals exit the system as law abiding and productive members of the society.”

True enough. Except for those sentenced to life imprisonment, all prisoners get out of jail, and if their needs have not been addressed inside prison, not much will change when they get outside. The bill the governor proposed should help. But measures that would do much much more to address recidivism are pending before the Legislature. Representatives Evandro Carvalho and Kay Khan and Senators Cynthia Creem and Karen Spilka propose to gradually raise the age at which juveniles will be subject to juvenile court jurisdiction to include 18-, 19-, and 20-year-olds.

Keeping 18-to-20-year-olds in the juvenile system, where they must attend school and participate in rehabilitative programming, where they are given supervision and intensive services, is the best bet to reduce recidivism. The governor should be championing these bills, as law enforcement representatives already have. Suffolk County Sheriff Steve Tompkins and former sheriff Frank Cousins are publicly supporting the bill, because sheriffs know better than anyone what damaging environments adult facilities can be for young people. Our current approach to this age group is a failure, with reoffending being more common than rehabilitation. It is time to try something new, informed by science and aimed at more than incremental change. Continue reading »

What Comey’s Testimony Means

CLBB Managing Director Judge Nancy Gertner (ret.) is interviewed after former FBI Director James Comey’s testimony to the Senate Intelligence Committee.

By Christina Pazzanese | Harvard Gazette | June 8, 2017

Former FBI Director James Comey told the Senate Intelligence Committee Thursday that he believed President Trump was telling him he should drop the FBI’s criminal investigation into former National Security Adviser Michael Flynn during several private conversations between the two men. Comey testified that the president said he “hoped” Comey would “let this go,” asked him for his personal “loyalty,” and urged him to clear Trump’s name publicly from a broader probe into Russian election hacking.

Comey, who was fired by Trump last month, also stated that he documented the private conversations in contemporaneous, detailed memos — notes of which he said he shared with a Columbia University law professor and friend in an effort to trigger appointment of a special counsel in the Russia case — because Comey was worried the president might “lie” about what the pair had discussed.

In response to Comey’s testimony, Marc Kasowitz, Trump’s personal attorney, denied that Trump had asked for Comey’s loyalty and said the president “never sought to impede” the FBI’s work or directed or suggested that Comey stop investigating “anyone.” Kasowitz accused Comey of being a “government leaker.”

Nancy Gertner, a retired federal judge in Massachusetts who is now a senior lecturer at Harvard Law School, spoke with the Gazette about the legal issues swirling around the matter. Continue reading »

The Making Of Emotions, From Pleasurable Fear To Bittersweet Relief

Part of the ongoing coverage of Dr. Lisa Feldman Barrett’s new book, How Emotions Are Made: The Secret Life of the Brain.

CLBB’s Dr. Lisa Feldman Barrett is interviewed by NPR after being featured on the scientific podcast, Invisibilia. She discusses the theory of emotions presented in her latest book, How Emotions Are Made, noting, “[the “classical view” of emotions] matches the way that many of us experience emotion, as if something’s happening outside of our control. But the problem with this set of ideas is that the data don’t support them. There’s a lot of evidence which challenges this view from every domain of science that’s ever studied it.” Continue reading »