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 Child Health Program | Harvard Catalyst

The Child Health Program works to foster the development of programs, resources, and strategies that support innovative and collaborative research to improve the health and well-being of children.

Learn more about the Child Health Program here.

Law and Neuroscience

By Owen Jones, Rene Marois, Martha Farah, and Hank Greely | The Journal of Neuroscience | November 2013

Abstract

Law and neuroscience seem strange bedfellows. But the engagement of law with neuroscientific evidence was inevitable. For one thing, the effectiveness of legal systems in regulating behavior and meting out justice often depends on weighing evidence about how and why a person behaved as he or she did. And these are things that neuroscience can sometimes illuminate. For another, lawyers are ethically bound to champion their clients’ interests. So they remain alert for new, relevant, or potentially persuasive information, such as neuroscience may at times offer, that could help to explain or contextualize behavior of their clients. In light of this, and in the wake of remarkable growth in and visibility of neuroscientific research, a distinct field of Law & Neuroscience (sometimes called “neurolaw”) has emerged in barely a decade.

Whether this engagement is ultimately more for better or for worse (there will be both) will depend in large measure on the effectiveness of transdisciplinary partnerships between neuroscientists and legal scholars. How can they best help the legal system to understand both the promise and the perils of using neuroscientific evidence in legal proceedings? And how can they help legal decision-makers draw only legally and scientifically sound inferences about the relationships between particular neuroscientific evidence and particular behaviors?

In this article, we highlight some efforts to establish and expand such partnerships. We identify some of the key reasons why neuroscience may be useful to law, providing examples along the way. In doing so, we hope to further stimulate interdisciplinary communication and collaborative research in this area.

Read the full paper here.

Prisoners of Profit

This two-part investigative reporting series from the Huffington Post by Chris Kirkham explores the privatization of the juvenile corrections systems.

Florida’s Lax Oversight Enables Systemic Abuse At Private Youth Prisons

From a glance at his background, one might assume that James F. Slattery would have a difficult time convincing any state in America to entrust him with the supervision of its lawbreaking youth.

Over the past quarter century, Slattery’s for-profit prison enterprises have run afoul of the Justice Department and authorities in New York, Florida, Maryland, Nevada and Texas for alleged offenses ranging from condoning abuse of inmates to plying politicians with undisclosed gifts while seeking to secure state contracts. more…

Private Prison Empire Rises Despite Startling Record Of Juvenile Abuse

Youth Services International confronted a potentially expensive situation. It was early 2004, only three months into the private prison company’s $9.5 million contract to run Thompson Academy, a juvenile prison in Florida, and already the facility had become a scene of documented violence and neglect.

One guard had fractured an inmate’s elbow after the boy refused instructions to throw away a cup, according to incident reports. Another guard had slammed a boy’s head into the floor after an argument. The prison was infested with ants and cockroaches, toilets were frequently clogged and children reported finding bugs in their meager portions of food. more…

Neuroscientists in Court

By Owen Jones, Anthony Wagner, David Faigman, and Marcus Raichle | Nature Reviews Neuroscience | September 12, 2013

Abstract:

Neuroscientific evidence is increasingly being offered in court cases. Consequently, the legal system needs neuroscientists to act as expert witnesses who can explain the limitations and interpretations of neuroscientific findings so that judges and jurors can make informed and appropriate inferences. The growing role of neuroscientists in court means that neuroscientists should be aware of important differences between the scientific and legal fields, and, especially, how scientific facts can be easily misunderstood by non-scientists, including judges and jurors.

This article describes similarities, as well as key differences, of legal and scientific cultures. And it explains six key principles about neuroscience that those in law need to know.

Read the full paper here.

The Neuroscience of Memory: Implications for the Courtroom

ABSTRACT: Although memory can be hazy at times, it is often assumed that memories of violent or otherwise stressful events are so well encoded that they are effectively indelible and that confidently retrieved memories are almost certainly accurate. However, findings from basic psychological research and neuroscience studies indicate that memory is a reconstructive process that is susceptible to distortion. In the courtroom, even minor memory distortions can have severe consequences that are partly driven by common misunderstandings about memory — for example, that memory is more veridical than it may actually be.

Source: Nature Reviews Neuroscience 14, 649–658

Read full paper.