When his criminal trial begins next week, attorneys for Andres Andy Avalos, a Florida man charged with murdering his wife, a neighbor and a local pastor, will mount an insanity defense on behalf of their client because, as they announced last summer, a PET scan revealed that Avalos has a severely abnormal brain. In March, shortly after an Israeli American teenager was arrested on suspicion that he made bomb threats against Jewish institutions in the U.S. and abroad, his lawyer declared that the teenager had a brain tumor that might have affected his behavior. Both cases are part of a growing movement in which attorneys use brain damage in service of a legal defense.
To support such claims in court, lawyers are turning to neuroscience. The defense brings in hired guns to testify that brain scans can identify areas of dysfunction linked to antisocial behavior, poor decision-making and lack of impulse control. The prosecution calls their own expert witnesses to argue that what a scientist might observe in brain scans shows nothing about that persons state of mind or past actions.
The truth is that even the most sophisticated brain scans cannot show direct correlations between brain dysfunction and specific criminal behavior, nor can they prove whether someone is legally insane. What neuroscience can show is that a persons decision to commit a crime or to do anything in life for that matter is triggered by a series of chemical and electrical interactions in the brain. It can also show approximately where those interactions are occurring.
Consider the case of Charles Whitman, who killed 14 people from a perch atop the Texas Tower at the University of Austin in 1966. (He killed his wife and mother the night before.) In a note he left before going on his killing rampage, Whitman wrote of having severe headaches and suggested that an autopsy might reveal a physical anomaly.
He had a brain tumor, it turned out, the size of a pecan. It was nestled between the thalamus, which relays sensory and motor information and regulates sleep, and the amygdala, which is associated with emotional regulation and behavior. Many of Whitmans family members and friends wanted to believe the tumor was responsible for triggering his actions. Yet a doctor reported that he didnt think the tumor was related to Whitmans psychiatric complaints or headaches, and certainly not to his homicidal rampage.
Texas Gov. John Connally called a state commission to review Whitmans case. In its final report, the commission allowed that the tumor conceivably could have contributed to his inability to control his emotions and actions, but said that it could not establish that the tumor actually caused the killings.
The tumor, then, didnt change Whitmans standing. As long as a person understands the difference between right and wrong and can appreciate the nature and consequences of his or her actions, he or she cannot be found legally insane. Whitmans crimes took care, planning and forethought. It would have been impossible to prove that the tumor qualified him as legally insane.
Its not yet clear if the lawyer representing the Israeli American suspect will submit evidence of his brain tumor in court, but it is clear that the teens actions required forethought and premeditation. He used Tor, a type of software that allows users to hide their computers identifying IP address. He also disguised his voice, an indication that he knew what he was doing and that there would be consequences if he was caught.
Though decades of research tell us that brain damage can alter peoples behavior and impair their ability to make sound judgments and rational decisions, in the legal realm, thats not enough for a successful criminal defense. There is, however, one limited area in which neuroscience can be applied appropriately and responsibly in the courtroom: sentencing.
Our judicial system has long recognized that people who suffer from psychiatric or mental illnesses should not be treated in the same way as their mentally healthy counterparts. Medical diagnoses of psychiatric conditions or cognitive impairment are considered mitigating circumstances that raise the possibility of alternatives to harsher punishments. Neuroscientific evidence can be used to support such diagnoses.
Although the legal system should recognize the value of neuroscience, it must also understand its limitations and guard against its abuse. When neuroscience is applied responsibly, it can mean treatment instead of incarceration, life instead of the death penalty.
Kevin Davis is a Chicago-based journalist and author of The Brain Defense: Murder in Manhattan and the Dawn of Neuroscience in Americas Courtrooms.
Follow the Opinion section on Twitter @latimesopinion or Facebook
See the rest here:
Why are lawyers using brain damage as a criminal defense? The science doesn't support it - Los Angeles Times
- Serotonin, GABA, and Dopamine Drive Hunger and Feeding - Neuroscience News - December 23rd, 2024 [December 23rd, 2024]
- A nation exhausted: The neuroscience of why Americans are tuning out politics - The Conversation - December 23rd, 2024 [December 23rd, 2024]
- UNO Goalie and Neuroscience Grad Shines in Her Athletic and Academic Aspirations - University of Nebraska Omaha - December 23rd, 2024 [December 23rd, 2024]
- Neuroscience Major Seeks to Bridge the Generation Gap, Help Alzheimers Patients - Pomona College - December 23rd, 2024 [December 23rd, 2024]
- Spectrum 2024: Year in review - The Transmitter: Neuroscience News and Perspectives - December 23rd, 2024 [December 23rd, 2024]
- Say what? The Transmitters top quotes of 2024 - The Transmitter: Neuroscience News and Perspectives - December 23rd, 2024 [December 23rd, 2024]
- Targeted or Broadcast? How the Brain Processes Visual Information - Neuroscience News - December 23rd, 2024 [December 23rd, 2024]
- 70 Is the New 60: Age Related Declines Slowing in Older People - Neuroscience News - December 23rd, 2024 [December 23rd, 2024]
- Breathing Rhythms During Sleep Strengthen Memory Consolidation - Neuroscience News - December 23rd, 2024 [December 23rd, 2024]
- How our brains think: Exploring the world of neuroscience at the Yale Peabody Museum - Connecticut Public - December 23rd, 2024 [December 23rd, 2024]
- Assembloids illuminate circuit-level changes linked to autism, neurodevelopment - The Transmitter: Neuroscience News and Perspectives - December 23rd, 2024 [December 23rd, 2024]
- Mapping the Brain's Response to Social Rejection - Neuroscience News - December 9th, 2024 [December 9th, 2024]
- An eye for science: Q&A with Bryan W. Jones - The Transmitter: Neuroscience News and Perspectives - December 9th, 2024 [December 9th, 2024]
- Short Sleep and High Blood Pressure Linked to Brain Aging - Neuroscience News - December 9th, 2024 [December 9th, 2024]
- Neighborhood Disadvantage Linked to Cognitive Health Risks - Neuroscience News - December 9th, 2024 [December 9th, 2024]
- Psychosis Risk Tied to Heavy Cannabis Use and Genetic Factors - Neuroscience News - December 9th, 2024 [December 9th, 2024]
- Most Teens Recover From Long Covid Within Two Years - Neuroscience News - December 9th, 2024 [December 9th, 2024]
- Opportunities and challenges of single-cell and spatially resolved genomics methods for neuroscience discovery - Nature.com - December 9th, 2024 [December 9th, 2024]
- How Evolution Shaped the Brains Understanding of Numbers - Neuroscience News - December 9th, 2024 [December 9th, 2024]
- Neuroscience Study Aboard Cunard's Queen Mary 2 Reveals Cognitive Benefits of Slow Travel at Sea - PR Newswire - November 28th, 2024 [November 28th, 2024]
- How Expectations Shape Our Gaze in a Changing World - Neuroscience News - November 28th, 2024 [November 28th, 2024]
- To keep or not to keep: Neurophysiologys data dilemma - The Transmitter: Neuroscience News and Perspectives - November 28th, 2024 [November 28th, 2024]
- Does Alcohol Consumption Contribute to Hair Loss? - Neuroscience News - November 28th, 2024 [November 28th, 2024]
- Brains Traffic Controllers Hold Key to Learning and Memory - Neuroscience News - November 28th, 2024 [November 28th, 2024]
- Despite Neuroscience Setback, AbbVie Has Strong Recovery Ahead (ABBV) - Seeking Alpha - November 28th, 2024 [November 28th, 2024]
- Neuroscientists reeling from past cuts advocate for more BRAIN Initiative funding - The Transmitter: Neuroscience News and Perspectives - November 28th, 2024 [November 28th, 2024]
- Want Better Habits? Neuroscience Says This Is How to Train Your Brain - Inc. - November 28th, 2024 [November 28th, 2024]
- Dopamine and Serotonin Work in Opposition for Effective Learning - Neuroscience News - November 28th, 2024 [November 28th, 2024]
- Cunard Proves the Healing Power of Ocean Travel with Breakthrough Neuroscience Research - Travel And Tour World - November 28th, 2024 [November 28th, 2024]
- Bridging the Gap between Meditation, Neuroscience, and the Soul - openPR - November 28th, 2024 [November 28th, 2024]
- Animal Characters in Childrens Books Boost Theory of Mind - Neuroscience News - November 28th, 2024 [November 28th, 2024]
- Emotional Struggles and Tantrums in Preschoolers Linked to ADHD - Neuroscience News - November 28th, 2024 [November 28th, 2024]
- Neuroscience Says This Simple Habit Improves Cognitive Health and Makes Your Brain Act Younger - Inc. - November 20th, 2024 [November 20th, 2024]
- Premature declarations on animal consciousness hinder progress - The Transmitter: Neuroscience News and Perspectives - November 20th, 2024 [November 20th, 2024]
- Medtronic Q2 Earnings: Diabetes And Neuroscience Revenue Boost Growth, Raises Annual Outlook - Yahoo Finance - November 20th, 2024 [November 20th, 2024]
- Trace Neuroscience Nets $101M in Series A Funding for ALS, Dementia Therapy Development - Senior Housing News - November 20th, 2024 [November 20th, 2024]
- How to be a multidisciplinary neuroscientist - The Transmitter: Neuroscience News and Perspectives - November 20th, 2024 [November 20th, 2024]
- Neuroscience Market Expected to Reach USD 71.0 Billion by - GlobeNewswire - November 20th, 2024 [November 20th, 2024]
- Finger-Prick Test Brings Alzheimers Detection Closer to Everyone - Neuroscience News - November 20th, 2024 [November 20th, 2024]
- Dual-Gene Therapy Shows Promise for Hearing and Vision Loss - Neuroscience News - November 20th, 2024 [November 20th, 2024]
- Robots Help Unlock the Mystery of Human Sense of Self - Neuroscience News - November 20th, 2024 [November 20th, 2024]
- The neuroscience of sleep - University of South Carolina - November 20th, 2024 [November 20th, 2024]
- Stress warps fear memories in multiple ways - The Transmitter: Neuroscience News and Perspectives - November 20th, 2024 [November 20th, 2024]
- Mental Exhaustion Drives Aggressive Behavior - Neuroscience News - November 12th, 2024 [November 12th, 2024]
- NeuroAI: A field born from the symbiosis between neuroscience, AI - The Transmitter: Neuroscience News and Perspectives - November 12th, 2024 [November 12th, 2024]
- The neuroscience of deeper learning in math - SmartBrief - November 12th, 2024 [November 12th, 2024]
- What the brain can teach artificial neural networks - The Transmitter: Neuroscience News and Perspectives - November 12th, 2024 [November 12th, 2024]
- How Anthony Zador thinks neuroscience can help improve AI - The Transmitter: Neuroscience News and Perspectives - November 12th, 2024 [November 12th, 2024]
- Discovering Cancer Therapies through Neuroscience - The New York Academy of Sciences - November 12th, 2024 [November 12th, 2024]
- Neuroscience Market Projected to Reach USD 50.2 Billion by 2032, Growing at a 4.0% CAGR S&S Insider - GlobeNewswire - November 12th, 2024 [November 12th, 2024]
- Insights on Brain Aging and Lifelong Cognitive Health - Neuroscience News - November 12th, 2024 [November 12th, 2024]
- A neuroscience PhD student at the University of Oxford has died - The Tab - November 12th, 2024 [November 12th, 2024]
- Exploring the connection between autism and sleep - The Transmitter: Neuroscience News and Perspectives - November 12th, 2024 [November 12th, 2024]
- Astrocytes star in memory storage, recall - The Transmitter: Neuroscience News and Perspectives - November 12th, 2024 [November 12th, 2024]
- Gut Bacteria Modulate Stress Responses Over Time - Neuroscience News - November 12th, 2024 [November 12th, 2024]
- Gut Bacteria Could Hold the Key to Promoting Healthy Aging - Neuroscience News - November 12th, 2024 [November 12th, 2024]
- Microglias pruning function called into question - The Transmitter: Neuroscience News and Perspectives - October 26th, 2024 [October 26th, 2024]
- Depression Alters Brain Circuits, Heightening Negative Perception - Neuroscience News - October 26th, 2024 [October 26th, 2024]
- UNE Researchers Showcase Groundbreaking Work at Global Neuroscience Conference - University of New England - October 26th, 2024 [October 26th, 2024]
- Scientists discover "glue" that holds memory together in fascinating neuroscience breakthrough - PsyPost - October 26th, 2024 [October 26th, 2024]
- Systems neuroscience: combining theory and neurotechnology for a multiscale account of the brain - Nature.com - October 26th, 2024 [October 26th, 2024]
- Seaport Therapeutics adds another $225 million to coffers to embrace the golden age of neuroscience - STAT - October 26th, 2024 [October 26th, 2024]
- ANRO Investors Have Opportunity to Join Alto Neuroscience, Inc. Fraud Investigation with the Schall Law Firm - Business Wire - October 26th, 2024 [October 26th, 2024]
- Youth Face Rising Risks of Harassment and Exploitation in the Metaverse - Neuroscience News - October 26th, 2024 [October 26th, 2024]
- Exercise During Chemotherapy Boosts Cognitive Function - Neuroscience News - October 26th, 2024 [October 26th, 2024]
- Removing Pre-Bed Screen Time Improves Toddler Sleep - Neuroscience News - October 26th, 2024 [October 26th, 2024]
- Bright Minds Biosciences and Firefly Neuroscience to Collaborate After the BREAKTHROUGH Study: A Phase 2 Trial of BMB-101 in Absence Epilepsy and... - October 26th, 2024 [October 26th, 2024]
- How Visual Clutter Disrupts Information Flow in the Brain - Neuroscience News - October 26th, 2024 [October 26th, 2024]
- Menopausal Hormone Therapys Effects on Brain Health - Neuroscience News - October 26th, 2024 [October 26th, 2024]
- After-hours movers: McDonald's, Starbucks, Seagate, Alto Neuroscience and more - StreetInsider.com - October 26th, 2024 [October 26th, 2024]
- Alto Neuroscience Reports Topline Results from a Phase 2b Trial Evaluating ALTO-100 as a Treatment for Major Depressive Disorder - StockTitan - October 26th, 2024 [October 26th, 2024]
- Cristina Savin and Tim Vogels discuss how AI has shaped their neuroscience research - The Transmitter: Neuroscience News and Perspectives - October 13th, 2024 [October 13th, 2024]
- Should I stay (and eat) or should I go? How the brain balances hunger with competing drives - The Transmitter: Neuroscience News and Perspectives - October 13th, 2024 [October 13th, 2024]
- How neuroscience comics add KA-POW! to the field: Q&A with Kanaka Rajan - The Transmitter: Neuroscience News and Perspectives - October 13th, 2024 [October 13th, 2024]
- Neuroscience research sheds light on how psilocybin alters spatial awareness - PsyPost - October 13th, 2024 [October 13th, 2024]
- Newly Discovered Protein Complex Shapes Synapses and Mental Health - Neuroscience News - October 13th, 2024 [October 13th, 2024]
- The Neuroscience Behind Immersive Filmmaking - Raindance - October 13th, 2024 [October 13th, 2024]
- What are mechanisms? Unpacking the term is key to progress in neuroscience - The Transmitter: Neuroscience News and Perspectives - October 13th, 2024 [October 13th, 2024]
- Kentucky neuroscience doctor honored with national distinction - wnky.com - October 13th, 2024 [October 13th, 2024]
- Cell X Technologies and Aspen Neuroscience collaborate to address throughput and scalability in manufacturing automation to facilitate iPSC cell... - October 13th, 2024 [October 13th, 2024]