News and Commentary Archive

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

Mission

The Center for Law, Brain & Behavior puts the most accurate and actionable neuroscience in the hands of judges, lawyers, policymakers and journalists—people who shape the standards and practices of our legal system and affect its impact on people’s lives. We work to make the legal system more effective and more just for all those affected by the law.

Why We Can’t Trust Ben Carson’s Memories — or Anyone Else’s

By Justin Wm. Moyer | The Washington Post | November 9, 2015

Since last week, sometime Republican presidential front-runner Ben Carson has been battling stories about his stories of his dark past. In a 1990 memoir and in many speeches since, he claimed he was a violent youth; that he had tried to hit his mother with a hammer; that he had tried to stab a classmate at 14; that he had punched another with a lock in his hand. The problem: CNN went looking for people who could confirm these tales of schoolyard fisticuffs or worse, and the network couldn’t find any.

“We went out to find these people in Detroit,” CNN’s Maeve Reston said. “We went through the yearbooks. We called many of his classmates. We found his close friends through every period of his life. And the person that he describes in these anecdotes on the campaign trail as leading up to this religious epiphany that he had cannot remember any episodes of violence involving Dr. Carson.”

It turned out Carson had used pseudonyms for his victims and, though he said he was still in touch with at least one of them, wouldn’t make them available. It was a question of privacy, he said — even after a flawed Politico story about Carson’s alleged “full scholarship” to West Point raised more questions about his memory. Over the weekend, Carson suggested that the media find another tale to tell.

“It’s time to really move on,” he said on “Meet the Press.” “It’s not time to spend every single day talking about something that happened 50 years ago.”

But Carson’s memory problems are not unique to the pediatric neurosurgeon. They are shared by at least one of his rivals for the presidential nomination; they are shared by countless memoirists and witnesses to crimes; indeed, they are shared by anyone who remembers anything. For study after study shows that our memories deceive us, even when we insist they do not. Continue reading »

Death Row Prisoners Have Plenty of Time to Find God, But Few Find Mercy

By Daniel LaChance | The New Republic | November 3, 2015

Strapped to the execution gurney in Huntsville, Texas, Michael Hall told those assembled to watch him die that he was not the same man who had shot a 19-year-old woman to death 13 years earlier.

“The old is gone,” he said. “That person is dead.”

Stories of condemned inmates who find God and goodness while they await execution are nothing new. But in recent decades, they have become a lot more plausible. A century ago, the condemned counted their time on death row in months. Now they count it in years—and sometimes decades. Those executed in 2011, the year Hall was put to death, had spent an average of 16.5 years on death row.

As a historian of the modern American death penalty, I have argued that the extraordinary amount of time that now elapses between sentencing and execution has changed the public’s perception of capital punishment. It has also changed the condemned. Continue reading »

Undoing the Damage of Mass Incarceration

gertner_150x150By Nancy Gertner | The Boston Globe | November 4, 2015

Over a 17-year judicial career, I sent hundreds of defendants to jail — and about 80 percent of them received a sentence that was disproportionate, unfair, and discriminatory. Mass incarceration was not an abstraction to me. Sadly, I was part of it.

Last weekend’s release of 6,000 prisoners from federal prison is an encouraging start to reform, but it’s only a start.

I was a judge during the most punitive period of US history — the ’90s — when we imprisoned more than any other country, even the most autocratic. I did what I could to mitigate the impact of the laws I had to apply. There were 10-, 15-, and 20-year mandatory sentences for drugs, which made no sense under any rational social policy. There were mandatory-sentencing guidelines, which often led to absurd results. When I made a small downward adjustment, explaining what I did in a written opinion, I risked reversal by an appellate court that saw only sentencing calculations, not people. Continue reading »

More Than a Decade After Release, They All Come Back

For 13 years, reporter Kevin Johnson and his colleagues at USA Today have tracked nine people who were released from solitary confinement in Texas on the same day in 2002. All vowed never to return. All suffered from a form of “sensory paralysis” that impacted their ability to adapt to life on the outside. And all eventually found their way back to solitary for another stretch. (via The Marshall Project)

Kevin Johnson | USA Today | November 4, 2015

IOWA PARK, Texas — Silvestre Segovia had vowed many times over that he would never return to solitary confinement.

Languishing in the vast Texas prison system’s solitary confinement wings for more than a decade had exacted a heavy emotional toll. And there was so much to discover about a new world that confronted him on a much-anticipated exit that chilly morning, Nov. 15, 2002. A loyal girlfriend waited 255 miles away. There might even be a market for the catalog of detailed sketches that he had created to pass the years of numbing isolation.

But where to begin? Continue reading »

Neuropolitics, Where Campaigns Try to Read Your Mind

By Kevin Randall | The New York Times | November 3, 2015

In the lobby of a Mexico City office building, people scurrying to and fro gazed briefly at the digital billboard backing a candidate for Congress in June.

They probably did not know that the sign was reading them, too.

Inside the ad, a camera captured their facial expressions and fed them through an algorithm, reading emotional reactions like happiness, surprise, anger, disgust, fear and sadness.

With all the unwitting feedback, the campaign could then tweak the message — the images, sounds or words — to come up with a version that voters might like better.

All over the world, political campaigns are seeking voter data and insights that will propel them to victory. Now, in an increasing number of places, that includes the contentious field known as neuromarketing — or in this case, neuropolitics. Continue reading »