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.

The U.S. Court System is Criminally Unjust

By Ana Swanson | The Washington Post | July 20, 2015

We like to believe that decisions made in U.S. courts are determined by the wisdom of the Constitution, and guided by fair-minded judges and juries of our peers.

Unfortunately, this is often wishful thinking. Unsettling research into the psychology of courtroom decisions has shown that our personal backgrounds, unconscious biases about race, gender and appearance, and even the time of day play a more important role in outcomes than the actual law.

Adam Benforado, a professor of law at Drexel University, describes these unsettling problems with the justice system in the recently published book “Unfair: The New Science of Criminal Injustice.” The book uses psychology and neuroscience to examine and expose the illogical and unfair ways that judges, jurors, attorneys and others in the legal system make decisions about who is sent to prison, and who walks free.

Benforado’s research shows that mistakes in the criminal justice system are more common than we like to think, and that our personal biases play a disturbingly strong role. He also argues that there are clear and easy steps that we could follow to limit these injustices, if we care to take them. Continue reading »

Distraught People: Deadly Results

By Wesley Lowery, Kimberly Kindy, and Keith L. Alexander | The Washington Post | June 30, 2015

It was not yet 9 a.m., and Gary Page was drunk. The disabled handyman had a long history of schizophrenia and depression and, since his wife died in February, he had been struggling to hold his life together.

That bright Saturday morning in March, something snapped. Page, 60, slit his wrists, grabbed a gun and climbed the stairs to his stepdaughter’s place in the Pines Apartments in Harmony, Ind. He said he wanted to die. And then he called 911.

“I want to shoot the cops,” Page slurred to the dispatcher, prodding his stepdaughter to confirm that, yes, he had a gun. “I want them to shoot me.”

Minutes later, Page’s death wish was granted. Two Clay County sheriff’s deputies arrived to find that he had taken a neighbor hostage. They opened fire, striking him five times in the torso and once in the head. Page’s gun later turned out to be a starter pistol, loaded only with blanks. His threats of violence turned out to be equally empty, the product of emotional instability and agonizing despair.

Continue reading »

Nearly 1 in 10 Americans have severe anger issues and access to guns

By Christopher Ingraham | The Washington Post | April 8, 2015

Roughly 22 million Americans — 8.9 percent of the adult population– have impulsive anger issues and easy access to guns. 3.7 million of these angry gun owners routinely carry their guns in public. And very few of them are subject to current mental health-based gun ownership restrictions.

Those are the key findings of a new study by researchers from Harvard, Columbia and Duke University. “Anger,” in this study, doesn’t simply mean garden-variety aggravation. It means explosive, uncontrollable rage, as measured by responses to the National Comorbidity Survey Replication in the early 2000s. It is “impulsive, out of control, destructive, harmful,” lead author Jeffrey Swanson of Duke University said in an interview. “You and I might shout. These individuals break and smash things and get into physical fights, punch someone in the nose.” Continue reading »

In an Iowa courtroom, an astonishing case of sex and Alzheimer’s

By Sarah Kaplan | The Washington Post | April 7, 2015

They started flirting in choir, the vivacious retiree and the grandfatherly politician, both single after the deaths of their longtime spouses. Less than two years later, they were married in the church where they met, surrounded by a gaggle of children and grandchildren and hundreds of guests dancing the polka. It was an unexpected second chance at love for Donna Lou Young and Henry Rayhons, both past 70 at the time of their wedding.

“They were two good people who were good together,” the couple’s pastor recalled.

After a four-year battle with Alzheimer’s, Donna Lou Rayhons died in a nursing home in August, just four days shy of her 79th birthday. A week later, Henry Rayhons was arrested and charged with sexual abuse. State prosecutors accused him of having sex with his wife while she was incapacitated by dementia. Continue reading »

The Execution of Cecil Clayton and the Biology of Blame

By Sarah Kaplan | The Washington Post | March 18, 2015

In 1974, two months after having a portion of his brain removed due to an accident at the sawmill where worked, Cecil Clayton checked himself into a mental hospital, frightened by his suddenly uncontrollable temper.

Previously, Clayton had been an intelligent, guitar-playing family man, relatives said. He abstained from alcohol, worked part time as a pastor and paid weekly visits to a local nursing home.

But after the accident, which necessitated the removal of 20 percent of his frontal lobe, everything changed.

“He broke up with his wife, began drinking alcohol and became impatient, unable to work and more prone to violent outbursts,” Clayton’s brother Marvin testified at trial.

In 1979, he visited William Clary, a doctor who examined him for extreme anxiety, depression and paranoia.

“I can’t get ahold of myself, I’m all tore up,” Clayton told the doctor, according to court filings from his attorneys.

Clayton’s spiraling mental state and increasingly violent behavior came to a head in 1996, when he shot and killed Christopher Castetter, a sheriff’s deputy responding to a domestic disturbance between Clayton and his girlfriend. Clayton was eventually convicted of murder, and executed via lethal injection in Bonne Terre, Mo., Tuesday night. Continue reading »