image

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

Locking up kids for life?

By Davide Bonazzi for the Boston Globe

Three decades ago, Edward Palmariello, 17, and his 21-year-old friend Bruce Chambers were arrested in the murder of Edward’s mother, Marion. Then a defense attorney, I represented Edward at trial. The jury found both men guilty and the sentence was mandatory — life in prison without any possibility of parole.

In most countries, Edward’s sentence would have been impossible. Juvenile life without parole is prohibited by the UN Convention on the Rights of the Child , a measure that has been ratified by every UN nation except the United States and Somalia (Somalia announced in November that it will ratify). Edward has spent the past 32 years in jail. He had no hope, no future. Perhaps, until now.

In language that resonates for Edward, the US Supreme Court criticized sentencing that “prevents taking into account the family and the home environment that surrounds [the offender] — from which he cannot usually extricate himself — no matter how brutal or dysfunctional. It neglects the circumstances of the homicide offense, including the extent of his participation in the conduct and the way familial and peer pressures may have affected him.” It “disregards the possibility of rehabilitation even when the circumstances most suggest it.”

Edwards’s case, along with some 60 others, will now go before the Massachusetts Parole Board. Will this be a real review or just a Kabuki ritual? Governor Deval Patrick dismissed five of the seven board members after a parolee killed a Woburn police officer in 2010. Parole rates have dropped dramatically. Perhaps that was why three SJC justices wrote a special commentary urging a “real meaningful opportunity to obtain release” for the juveniles affected by the decision. Parole Board, take heed.

At the very least, for Edward Palmariello, the board will finally hear the whole story.

Read the full article by CLBB Faculty and Harvard Law School Professor Nancy Gertner in the Boston Globe. Published January 19, 2014.