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.

Alabama Baby’s Death Raises Questions About Child’s Criminal Responsibility

In the case of the death of one-year-old Kelci Lewis, an eight-year-old boy is being charged with murder. No adults were present, and the case hinges on the account of six-year-old who was also in eight-year-old’s care that night. Alabama is one of 30 states with no minimum age for criminal responsibility. 

By Amanda Holpuch | The Guardian | November 15, 2015

The neat green trim on the Birmingham home matched the color of the bountiful trees hanging over its roof. There were stones plastered across the front of the residence so that children inside could imagine that they lived in a castle. A neighbor said that the sloped yard served as terrain for children to slide down on pieces of cardboard – “typical kids”, he said.

In one of the most dangerous big cities in the country, Second Avenue South is a relatively safe place during the day. But at night, a neighbor warned, “the goblins come out”.

He himself was newly out of prison and warned of neighborhood cliques who prowl the Alabama neighborhood when it is dark to defend their territory. But one night last month, the night-time horror was of a different nature and the placid-looking, green-trimmed house was the crime scene. Continue reading »

When School Feels Like Jail

The Marshall Project’s Eli Hager reports on the growing use of “alternative schools” — isolated classrooms, where students are often met with corporal punishment and humiliating treatment — as a way to lower suspension rates among rural schools in the South.

By Eli Hager | The Marshall Project | November 11, 2015

Rockmon Montrell “Rock” Allen, an 18-year-old from Jackson, Mississippi, has never gone to jail. But school, he says, was close enough. At Ridgeland High School, a large public school in an increasingly black suburb of Jackson, he was punished repeatedly for what seemed like minor reasons.

In the ninth grade, when he wore the wrong-color uniform or didn’t tuck in his shirt, Rock got “whooped,” as he puts it. That meant bending over, putting his hands on a desk, and getting hit three to five times on the backside with a flat wooden paddle. Mississippi is one of only four states—the others are Alabama, Georgia, and Texas—where school districts frequently use corporal punishment on students (although 19 states allow the practice by law). Teachers and administrators openly use paddles—and, in rarer cases, belts, rulers, and key chains—to whip kids into order. Continue reading »

Changes in Seasons, Changes for Children

By Robert Kinscherff, Senior Fellow in Law & Applied Neuroscience

It is fitting that I am writing this first blog of my time as Senior Fellow in Law and Applied Neuroscience as we transition through the change of seasons.  It is a privilege to have the time afforded by this joint Fellowship between Harvard Law School (Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics) and Massachusetts General Hospital (Center for Law, Brain, and Behavior) to focus upon the intersections of behavioral science, developmental neuroscience, and juvenile justice.  The autumnal change of seasons is a fitting metaphor for the slow but profound changes occurring in juvenile justice which have been spurred in large measure by emerging neuroscience increasingly describing the neurobiology of adolescence.  This neuroscience provides the biological complement to what developmental psychologists have well described and what parents have long known:  Children are different. Continue reading »

What Mass Incarceration Looks Like for Juveniles

By Vincent Schiraldi | The New York Times | November 10, 2015

After two decades of researching mass incarceration — and advocating for its demise — I decided in 2005 to take more direct action and accepted a job running corrections departments, first in Washington, D.C., then in New York City. It was a rude awakening. Continue reading »

“And if Your Friends Jumped Off a Bridge, Would you Do it Too?” – How Developmental Neuroscience can Inform Legal Regimes Governing Adolescence

By Michael N. Tennison and Amanda C. Pustilnik | Indiana Health Law Review

Introduction

On September 17, 2014, a teen boy riding in the front seat of an SUV on the highway at night had a brilliant idea: If he set the driver’s armpit hair on fire, it might impress the girls in the back. It did not turn out quite the way he planned. “Teen Setting Underarm Hair On Fire Causes Rollover Crash,” reported news outlets the next day. The SUV ran into a ditch, flipped over, and threw three of the five occupants—all teenagers, none of whom were wearing seat belts—out onto the highway. Miraculously, no one was killed.

This story is humorous and serious all at once. Humorous, because it embodies a head-shaking truth long acknowledged in our and other cultures about the crazy things kids do. Serious, because the thoughtless yet typical action of one boy could have seriously hurt or killed these four children and possibly other people on the highway that night. And it has a serious message: Teens are different from adults, on average, particularly in ways that relate to the overvaluation of present rewards and sensations, the undervaluation of negative risk, the tremendous salience of their desire for peer approval, and their tendency to act in even more risky and thoughtless ways when they are together in groups.

Continue reading the article here.