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.

Is it Time to Pull the Plug on “Brain Death”?

Defined as the permanent cessation of all brain activity as measured by clinical and laboratory tests, brain death is currently accepted in all 50 states and within the context of all major religions.

The concept of brain death itself is a consequence of technology.  After the development of positive-pressure ventilators, a patient’s respiration and circulation could be sustained long after the termination of all brain activity.   Thus, there was an urgent need to clarify what constitutes death. By returning to the biophilosophical concept of the loss of an organism as a whole, medical researchers established brain death as the primary clinical determination.

However, once declared brain dead, a patient can still retain some features associated with the living, such as a beating heart.

Among general audiences, these superficial signs of life can cause confusion. Unlike a persistent vegetative state, in which a patient’s brain stem is still functioning – allowing for the patient to breathe on their own and potentially recover – brain death is irrecoverable. This crucial distinction can be made painstakingly clear via a series of clinical tests, but to a lay observer, the differences can be imperceptible. Continue reading »

Friends Can Be Dangerous

Laurence Steinberg | April 25, 2014 | The New York Times | Sunday Review

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I’m not sure whether it’s a badge of honor or a mark of shame, but a paper I published a few years ago is now ranked No. 8 on a list of studies that other psychologists would most like to see replicated. Good news: People find the research interesting. Bad news: They don’t believe it.

The paper in question, written with my former student Margo Gardner, appeared in the journal Developmental Psychology in July 2005. It described a study in which we randomly assigned subjects to play a video driving game, either alone or with two same-age friends watching them. The mere presence of peers made teenagers take more risks and crash more often, but no such effect was observed among adults.

I find my colleagues’ skepticism surprising. Most people recall that as teenagers, they did far more reckless things when with their friends than when alone. Data from the Federal Bureau of Investigation indicate that many more juvenile crimes than adult crimes are committed in groups. And driving statistics conclusively show that having same-age passengers in the car substantially increases the risk of a teen driver’s crashing but has no similar impact when an adult is behind the wheel. Continue reading »

When Youth Violence Spurred ‘Superpredator’ Fear

By Clyde Haberman | April 6, 2014 | The New York Times

As the police and prosecutors in Brooklyn tell it, Kahton Anderson boarded a bus on March 20, a .357 revolver at his side. For whatever reason — some gang grudge, apparently — he pulled out the gun and fired at his intended target. Only his aim was rotten. The bullet struck and killed a passenger who was minding his own business several rows ahead: Angel Rojas, a working stiff holding down two jobs to feed his family of four.

Not surprisingly, the shooter was charged with second-degree murder. Not insignificantly, prosecutors said he would be tried as an adult. Kahton is all of 14.

That very young people sometimes commit dreadful crimes is no revelation. Nor is the fact that gang members are to blame for a disproportionate amount of youth violence in American cities. But it is worth noting that in Kahton’s situation, no one in authority or in the news media invoked a certain word from the past with galvanic potential. That word is “superpredator.” Continue reading »

The Reckoning

Adam and Peter Lanza

Peter Lanza’s new house, on a secluded private road in Fairfield County, Connecticut, is an attic room overflowing with shipping crates of what he calls “the stuff.” Since the day in December, 2012, when his son Adam killed his own mother, himself, and twenty-six people at Sandy Hook Elementary School, strangers from across the world have sent thousands upon thousands of letters and other keepsakes: prayer shawls, Bibles, Teddy bears, homemade toys; stories with titles such as “My First Christmas in Heaven”; crosses, including one made by prison inmates. People sent candy, too, and when I visited Peter, last fall, he showed me a bag of year-old caramels. He had not wanted to throw away anything that people sent. But he said, “I was wary about eating anything,” and he didn’t let Shelley Lanza—his second wife—eat any of the candy, either. There was no way to be sure it wasn’t poisoned. Downstairs, in Peter’s home office, I spotted a box of family photographs. He used to display them, he told me, but now he couldn’t look at Adam, and it seemed strange to put up photos of his older son, Ryan, without Adam’s. “I’m not dealing with it,” he said. Later, he added, “You can’t mourn for the little boy he once was. You can’t fool yourself.”

Continue reading »

Policing the Teen Brain

By Jeff Bostic, Lisa Thurau, Mona Potter, and Stacy Drury | February 2014 | Journal of the American Academy of Child & Adolescent Psychiatry

More than 100 years after the creation of the juvenile court, state juvenile justice policies still promote adult approaches, despite consistent neurobiological evidence that the adolescent brain processes, perceives, and responds differently than adult brains. Although frequently the first responders in youth cases, police officers rarely receive adequate training in effective communication and interaction strategies with youth. Strategies for Youth found that most police academies contacted devote less than 1% of training to interactions with adolescents,1 yet 20% to 40% of juvenile arrests are for “contempt of cop” offenses, such as questioning or “disrespecting” an officer.2 Incarceration of adolescents fails to decrease recidivism and compounds the negative impacts on the 60% to 70%3 of youth in correctional facilities who have significant untreated mental health problems.4 We found that police officer training in neurodevelopmentally sensitive techniques markedly decreased teen arrests and improved police–teen interactions in diverse American communities. Continue reading »