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

New Dana Foundation grant supports innovative partnership in law and neuroscience

August 25, 2020

The Center for Law, Brain & Behavior at Mass General Hospital, in partnership with the University of Minnesota Law School and the MacArthur Foundation Research Network on Law and Neuroscience based at Vanderbilt Law School, has been awarded a new grant from the Dana Foundation to support the curation and dissemination of research and legal cases at the intersection of law and neuroscience.

Attorneys and legal scholars are increasingly recognizing the implications of advances in neuroscience for doctrine and practice in areas such juvenile and emerging adult justice, criminal sentencing, brain injury litigation, elder justice, evidence law, disability law, and much more.

With this new support from the Dana Foundation, more professors and practitioners will be able to stay updated on these developments through three complementary streams: the Law and Neuroscience Bibliography, founded and hosted by the MacArthur Foundation Research Network on Law and Neuroscience; the Neurolaw News, an email newsletter, providing critical updates in the bibliography, events, opportunities, and also curated by the Research Network; and a new Case Updates series disseminated by the MGH Center for Law, Brain & Behavior.

Professor Owen Jones

Providing leadership for this unique partnership are Professors Francis X. Shen and Owen D. Jones. Co-authors, along with Vanderbilt neuroscientist Jeffrey Schall, of Law and Neuroscience (2nd ed., 2020), Shen and Jones are amongst the nation’s leading authorities on neurolaw.

At Vanderbilt, Prof. Jones is the Glenn M. Weaver, M.D. and Mary Ellen Weaver Chair in Law, Brain, and Behavior; Professor of Law; Professor of Biological Sciences; and Director, MacArthur Foundation Research Network on Law and Neuroscience.

Dr. Francis X. Shen, JD, PhD 

Dr. Shen the Executive Director of the MGH Center for Law, Brain & Behavior, Instructor in Psychology at Harvard Medical School, Senior Fellow in Law & Applied Neuroscience at the Petrie-Flom Center at Harvard Law School, and Executive Director of Education & Outreach for the MacArthur Foundation Research Network on Law and Neuroscience. He is also is a law professor and faculty member in the Graduate Program on Neuroscience at the University of Minnesota, where he directs the Shen Neurolaw Lab.

“We are very grateful to the Dana Foundation for this support,” said Dr. Shen. “There are many exciting developments happening in the field of law and neuroscience, but few outlets regularly reporting on them. This partnership will allow us to sustain the great work of the Research Network on Law and Neuroscience, while expanding coverage of case developments through the Center on Law, Brain, and Behavior. This is an exciting, innovative partnership.”

The Dana Foundation is a private philanthropic organization dedicated to advancing understanding about the brain in health and disease through research grants and public outreach. The Foundation funds and coordinates programs on a range of brain and brain health topics for diverse audiences, including the globally successful Brain Awareness Week campaign. Its website, Dana.org, offers free articles, fact sheets, and lesson plans about brain function and health, all reviewed and approved by neuroscientists.

About the Partners

The Center for Law, Brain & Behavior at Mass General Hospital 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. The Center provides expert training, tools and counsel, helping members of the legal community understand and apply the most relevant brain science to the cases, courtroom procedures and policies they influence. Since its founding in 2008, CLBB has demonstrated the clear benefits of accurately applied neuroscience: better decisions aligned with science lead to better outcomes aligned with justice.

The Research Network on Law and Neuroscience, supported by the John D. and Catherine T. MacArthur Foundation, addresses a focused set of closely-related problems at the intersection of neuroscience and criminal justice:  1) investigating law-relevant mental states of, and decision-making processes in, defendants, witnesses, jurors, and judges; 2) investigating in adolescents the relationship between brain development and cognitive capacities; and  3) assessing how best to draw inferences about individuals from group-based neuroscientific data.

The Shen Neurolaw Lab at the University of Minnesota Law School translates advances in brain science into better law and policy. The Lab motto is Every Story is a Brain Story. Recognizing that the promise of brain science must be balanced against the perils of premature and inappropriate uses, the Lab conducts research to better enable lawyers, courts, and policymakers to understand what, precisely, neuroscience can (and cannot) offer.

Center for Law, Brain & Behavior Seeking to Host Equal Justice Works Fellow

Job Description

CLOSED – We are no longer accepting applications for an Equal Justice Works fellow.

The Center for Law, Brain & Behavior (CLBB) is excited to announce that it can support the application of a 3L student as a host for an Equal Justice Works fellowship. Learn more about CLBB here: http://clbb.mgh.harvard.edu/clbb-organizational-overview-a…/

CLBB 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.

CLBB supports a wide range of actors across the legal ecosystem, including judges, lawyers, standard-setting authorities, case workers, pretrial administrators, parole and enforcement agents, and financial planners. We also support those working across the media landscape who can accurately inform the public about the brain, human behavior and the justice system.

The Center is led by accomplished legal and medical experts—practitioners, researchers and thought leaders—based at Harvard Law School, Mass General Hospital, Harvard Medical School and other leading institutions of learning.

Since our founding in 2008, we have demonstrated the clear benefits of accurately applied neuroscience: better decisions aligned with science lead to better outcomes aligned with justice.

Fellows will be mentored by an interdisciplinary team with expertise in law, neuroscience, medicine, ethics, and public policy. Start Date September 2021.

Questions should be directed to:

Emily Rehmet, CLBB Project Manager, erehmet@mgh.harvard.edu

Center for Law, Brain & Behavior

Mass General Hospital

Application Instructions

Application Due Aug 21, 5 pm eastern

Please use this form http://clbb.mgh.harvard.edu/ejw/ if you are interested in a formal inquiry about pursuing an Equal Justice Works fellowship hosted by the Center for Law, Brain & Behavior (CLBB).

All formal inquiries will be reviewed on a rolling basis, and competitive candidates will receive a follow-up communication for an interview with CLBB leadership.

Please note that this is *not* the application for the Equal Justice Works fellowship, but rather a preliminary step for CLBB to identify a strong candidate to support as a host.

In your cover letter, you should clarify how your interests, personal background, and professional / educational experience are a good fit for our work at the intersection of neuroscience and juvenile and emerging adult justice.

For background on the work of CLBB relevant to the Equal Justice Works fellowship, please view this webinar hosted by CLBB Executive Director Dr. Francis Shen, JD, PhD. Also review the CLBB information sheet.

Criminal Justice Reform in the Age of Covid 19

CLBB Co-Founder and Co-Director Dr. Judith Edersheim, MD, JD participated in a panel discussion on July 22, 2020, exploring Criminal Justice Reform in the Age of Covid 19

On Tuesday, Dr. Edersheim was one of three distinguished panelists involved in the webinar held by the USC Annenberg Norman Lear Center’s Hollywood, Health and Society program. Alongside Executive Producer Hank Steinberg and Civil Rights Activist Deray McKesson, Dr. Edersheim discussed the role of television and media in the movement for criminal justice reform and how media can support a more humane criminal justice system.

Developmental Neuroscience and Justice: Can a 19-year-old be Sentenced to Life without Parole?

CLBB student research intern Ian Hayes reports below on recent advancements in Emerging Adult Justice

An Illinois Appellate Court Decision that considers the implications of Miller v. Alabama and Developmental Neuroscience for Emerging Adults

On May 26, 2020 the Illinois First District Appellate Court (Cook County) issued an opinion allowing Omar Johnson and Israel Ruiz (in a separate decision) to move forward with post-conviction proceedings asking the court to determine if recent advances in developmental neuroscience should apply to those who commit crimes as emerging adults. The appellate court held:

“Johnson and Ruiz have made prima facie showings in their pleadings that evolving understandings of the brain psychology of adolescents require Miller to apply to them. Their petitions and their counsel on appeal urge that we account for the emerging consensus that the development of the young brain continues well beyond 18 years, the arbitrarily demarcated admittance to adulthood for those arrested and entering our criminal law system.”

The appellants, 19 and 18 years old at the times of their homicide offenses  (and other violent crimes), will now have an opportunity to further develop the record in an effort to show that the Supreme Court’s decision in Miller v. Alabama (2012) (prohibiting mandatory life sentences for minors) should apply to their respective sentencings as emerging adults. Johnson had been sentenced by the trial court to a discretionary life sentence for murder in addition to concurrent 60-year sentences for armed robbery, aggravated kidnapping, and aggravated vehicular hijacking.

Although Johnson and Ruiz can move forward, they face an uphill battle. In People v. Harris (2018), the Illinois Supreme Court rejected the argument that Miller should apply to young adults. The Illinois Supreme Court noted that “The Supreme Court has never extended its reasoning to young adults age 18 or over. Rather, the Supreme Court defined juveniles as individuals under the age of 18.” Moreover, it was noted that “the line drawn by the Supreme Court at age 18 was not based primarily on scientific research” and thus “[n]ew research findings do not necessarily alter that traditional line between adults and juveniles.”

A more promising legal avenue, left open by the Harris opinion, is to make a similar claim under the proportionate penalties clause of the Illinois Constitution.

In the present cases, by the allowing Johnson and Ruiz leave to file a successive post-conviction petition, the lower court will explore the applicability of the Illinois proportionate penalties clause.

The court in Johnson relied on a similar 2019 case, People v. House, in which an Illinois appellate court found that a mandatory life sentence for a 19 year-old at the time of the offense is in violation of the Illinois Constitution. In House, the court ordered a new sentencing hearing to allow both the State and the defendant to “fully explore” the science of juvenile brain development. The court in Johnson found House to be “well-reasoned” and followed a similar line of reasoning, refusing to distinguish between mandatory and discretionary life sentences for this matter. In support of his petition for appeal, Johnson submitted an affidavit detailing an abusive family history, difficulty grappling with his racial identity, pressure from older figures, and other personal contributing factors that led to his involvement in criminal activity at a young age. Johnson additionally attached several articles on brain development not being complete until the age of 25, noted other jurisdictions outside of the US that extend the juvenile system until age 21, and also included an article noting increases in criminal activity in Illinois during adolescence that then declines in the early 20s. The court stated:

“We find Johnson’s claim that developing brain science may apply to his specific circumstances to be sufficiently supported by the materials attached to his petition—at least, sufficiently supported to warrant further proceedings.”

As noted in the Johnson opinion, cases at the cusp of juvenile and emerging adult justice often deal with those accused and subsequently convicted of the most heinous crimes. As the court put it, the decision “should not be read to minimize or excuse the suffering wrought by the taking of another life”. Omar Johnson was convicted in 1999 for a murder in which he and a friend abducted, robbed and executed Dorothy Jewula, their former boss. Nonetheless, the Illinois constitution and relevant statutes provide protection to all individuals, regardless of the nature of their crimes.

The emerging body of science on juvenile and emerging adult brain development, in conjunction with social science research demonstrating the disproportionate representation of racial minorities serving life sentences should give the courts and legislators alike pause. Given current U.S. Supreme Court precedent, Johnson, Ruiz and similarly situated defendants face significant legal challenges in pleading their claims under Miller in future post-conviction proceedings. Though they may not ultimately prevail in further proceedings, the court’s opinionsin Johnson and Ruiz are encouraging. Courts across the country in the wake of Miller will continue to explore whether the findings of the emerging body of developmental neuroscience requires the courts to reimagine the constitutional protections of emerging adults. The resolution of such a question will continue to have profound effects for some of the most vulnerable in our justice system.

CLBB Provides Neuroscience Expertise for Supreme Court Amicus Brief

JULY 2, 2020 – In six days, Billy Joe Wardlow is scheduled to be executed for a crime he committed at age 18. Wardlow’s defense team is asking the U.S. Supreme Court to stay the execution. CLBB’s neuroscience faculty provided the most up to date adolescent and emerging adult neuroscience data to supplement an amicus brief in this case, and CLBB was honored to be a signatory to the amicus brief as a whole. See below for details of this compelling case, and a description of the relevant neuroscience.


Should Billy Joe Wardlow be Executed for a Crime Committed When He Was Eighteen? Lincoln Caplan | The New Yorker | June 30, 2020

Background: Billy Joe Wardlow “was 18 years, 6 months, and 19 days old on June 14, 1993, the morning he and his girlfriend, Tonya Fulfer, set out to steal Carl Cole’s Chevy Silverado. In their minds the theft would be the first step toward a new life, one far from the parents who had hurt them and the poverty they’d known in rural Northeast Texas. The idea was to drive the pickup to Montana, change their identities, and begin life anew. The plan’s magical thinking revealed itself as Wardlow stood on Cole’s front porch at dawn. Wardlow asked to borrow a phone. Cole handed one through the door. As Wardlow pretended to make a call, Cole tried to shut the door. Wardlow brought out the .45 he’d stolen from his mother hours before. To Wardlow’s surprise, the 82-year-old Cole charged him, grabbed his arm, and began to push the much-larger Wardlow backwards off the porch. As Cole’s fingers grabbed for control of the gun Wardlow shot. Cole fell dead. Wardlow and Fulfer were arrested two days later, having made it as far as South Dakota.” (source: Austin Chronicle)   

Highlight from The New Yorker essay: “With Wardlow’s execution scheduled for July 8th, the Supreme Court must rule before then on his request for a stay, perhaps this week. He wrote … in May: “I want to cause no more harm. I want to erase the pain I’ve inflicted on others. I want to be someone those I respect would be proud of. I want to be useful to those I love. I want to be someone others look up to and respect . . .I want to wipe away the taint of my past.'”


Amicus Brief to the U.S. Supreme Court
An amicus brief was submitted to the Supreme Court on behalf of professional organizations, practitioners, and academics in the fields of neuroscience, neuropsychology, and other related fields. Our neuroscience faculty at CLBB provided the most up-to-date adolescent and emerging adult neuroscience data to supplement the amicus brief.   Neuroscience in Action: “In light of what science has now shown about the developing brain, there is a broad consensus in the neuropsychological community that it is impossible to determine whether an 18-year-old-even one that has committed an act of deadly violence-is likely to commit acts of violence as a mature adult.     …in early adolescence, specific brain regions, notably the ventral striatum within the basal ganglia, mature in ways that promote reward- and sensation seeking, leading to riskier behavior. Recent, seminal neuroimaging studies show that a heightened sensitivity to rewards dominates adolescent decision-making. . . . 
Research also shows that development of the amygdala between early adolescence and adulthood elevates the brain’s sensitivity to emotional triggers. In fMRI studies in which subjects were shown images of human faces in expressions of fear, researchers found that adolescents, relative to adults, exhibited a general pattern of “heightened amygdala activity and slower behavioral responses to fearful faces.” That finding suggests “increasing emotion regulation capacity from adolescence to adulthood” and “continued functional change from young childhood through early adulthood.” . . .  In sum, new neuroimaging studies reveal that the prefrontal cortex-an area of the brain associated with reasoning and executive function- remains developmentally immature and underregulated until the mid20s, while the brain’s reward centers are relatively overexpressed, making emerging adults “more vulnerable to impulsivity,” less capable of emotional reasoning, and more likely to make “errors in self-regulation.”