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.

CLBB Brief changes Mass. Eyewitness Testimony Law

Harnessing the current scientific consensus on the neuroscience of memory, CLBB recently contributed to a fundamental shift in the treatment of eyewitness identifications in Massachusetts courtrooms. CLBB partnered with the American Psychological Association to submit an Amicus Brief to the Massachusetts Supreme Judicial Court which outlined the latest neuroscientific understanding of eyewitness memory.

The brief addressed the misconception that human memory may work like a video camera and rejected the notion that witnesses who are highly confident in their identifications are therefore necessarily reliable. It outlined research demonstrating that a witness’s viewing of the same suspect in multiple identification procedures lowers the reliability of subsequent identifications and research regarding the effect of stress on the ability to recall past events. The Court embraced the core arguments presented in the Amicus brief, namely that these scientific principles regarding the limits of eyewitness identification are so well established that in appropriate cases, juries should be explicitly instructed about these limitations. Continue reading »

Red States, Blue States, and Brain States: Issue Framing, Partisanship, and the Future of Neurolaw in the United States

By Francis X. Shen and Dena M. Gromet | The Annals of the American Academy of Political and Social Science | March 2015

Abstract:

Advances in neuroscience are beginning to shape law and public policy, giving rise to the field of “neurolaw.” The impact of neuroscientific evidence on how laws are written and interpreted in practice will depend in part on how neurolaw is understood by the public. Drawing on a nationally representative telephone survey experiment, this article presents the first evidence on public approval of neurolaw. We find that the public is generally neutral in its support for neuroscience-based legal reforms. However, how neurolaw is framed affects support based on partisanship: Republicans’ approval of neurolaw decreases when neuroscience is seen as primarily serving to reduce offender culpability, whereas Democrats’ approval is unaffected by how neurolaw is framed. These results suggest that both framing and partisanship may shape the future of neuroscience-based reforms in law and policy.

Read the full paper here.

You Have No Idea What Happened

By Maria Konnikova | The New Yorker | February 4, 2015

R.T. first heard about the Challenger explosion as she and her roommate sat watching television in their Emory University dorm room. A news flash came across the screen, shocking them both. R. T., visibly upset, raced upstairs to tell another friend the news. Then she called her parents. Two and a half years after the event, she remembered it as if it were yesterday: the TV, the terrible news, the call home. She could say with absolute certainty that that’s precisely how it happened. Except, it turns out, none of what she remembered was accurate.

R. T. was a student in a class taught by Ulric Neisser, a cognitive psychologist who had begun studying memory in the seventies. Early in his career, Neisser became fascinated by the concept of flashbulb memories—the times when a shocking, emotional event seems to leave a particularly vivid imprint on the mind. William James had described such impressions, in 1890, as “so exciting emotionally as almost to leave a scar upon the cerebral tissues.” Continue reading »

Why Painful Memories Linger

Christopher Wanjek | Live Science | December 8, 2014

Memories of traumatic events can be hard to shake, and now scientists say they understand why. Studies on laboratory rats have revealed, for the first time, the brain mechanism that translates unpleasant experiences into long-lasting memories.

The findings support a 65-year-old hypothesis called Hebbian plasticity. This idea states that in the face of trauma, such as watching a dog sink its teeth into your leg, more neurons in the brain fire electrical impulses in unison and make stronger connections to each other than under normal situations. Stronger connections make stronger memories. Continue reading »

Ventromedial prefrontal cortex supports affective future simulation by integrating distributed knowledge

By Roland Beniot, Karl Szpunar, and Daniel Schacter | PNAS | October 2014

ABSTRACT:
Although the future often seems intangible, we can make it more concrete by imagining prospective events. Here, using functional MRI, we demonstrate a mechanism by which the ventromedial prefrontal cortex supports such episodic simulations, and thereby contributes to affective foresight: This region supports processes that (i) integrate knowledge related to the elements that constitute an episode and (ii) represent the episode’s emergent affective quality. The ventromedial prefrontal cortex achieves such integration via interactions with distributed cortical regions that process the individual elements. Its activation then signals the affective quality of the ensuing episode, which goes beyond the combined affective quality of its constituting elements. The integrative process further augments long-term retention of the episode, making it available at later time points. This mechanism thus renders the future tangible, providing a basis for farsighted behavior.

Read the full paper on PNAS.