There are so
many ways to look at the March 20th Supreme Court case that asks whether it’s
unconstitutional to sentence 14 year olds to life imprisonment after they have
been convicted of murder. Your viewpoint
may be swayed by a lot of things.
Do you look at it from the viewpoint of the rights of
those people older than 18 vs. those who are younger than 18? [If I were a teenager, I’d argue that teenagers
aren’t allowed to drink, smoke, vote, even serve in the army, but they can
serve time in prison. I’d have one
question. Are 14 year olds tried by a
jury of their peers? ]
Do you look at it from the viewpoint of the “haves” and “have
nots,” where the “haves” are those people who avoid imprisonment because they can
afford good legal representation and the “have nots” go to jail? [As in the popular song “Rich People Don’t Go
to Jail. http://www.lyricsmania.com/rich_people_dont_go_to_jail_lyrics_anti-heros.html ]
{If you have not even heard of the Supreme Court case, check out: http://www.supremecourt.gov/oral_arguments/argument_audio_detail.aspx?argument=10-9646
For this blog I’d like to frame this issue in a way that
appeals to my own personal, nerdy viewpoint.
I’d like to look at this court case strictly from the standpoint of
brain development.
I am of the opinion that the brain isn’t fully developed
until you are in your early 20’s. NPR
recently ran a story about this. (To see
it go to: http://www.npr.org/templates/story/story.php?storyId=141164708 ) In a nutshell it says that the brain of an 18
year old is only halfway through the process of maturing. In particular, the “prefrontal cortex” isn’t
fully developed until age 25. And
remember from Psychology class that the prefrontal cortex is where “Executive
Functioning” occurs. I won’t bore you
with facts about Executive Functioning controlling such things as the ability
to plan, organize, or inhibit impulses. You know this already.
But, for a moment, think about this court case. If the Supreme Court agrees that the brain
of a teenager is not capable of sound judgment because their prefrontal cortex is
different from the brain of a “normal”
adult, could this affect other populations – both old and young?
I say “Yes!”
The following is a quote from Wikipedia’s “prefrontal
cortex” page:
“In the last few decades, brain
imaging systems have been used to determine brain region volumes and nerve
linkages. Several studies have indicated that reduced volume and
interconnections of the frontal lobes with other brain regions is observed in
those with Attention Deficit
Hyperactivity Disorder, schizophrenia, depression, and bipolar
disorder; those subjected to repeated stressors;[26]
suicide
victims;[27]
those incarcerated; criminals; sociopaths; those affected by lead poisoning;[28]
and drug
addicts. It is believed that at least some of the human abilities to feel guilt or remorse, and
to interpret reality,
lie in the prefrontal cortex.[29]
It is also widely believed that the size and number (my
emphasis) of connections in the prefrontal cortex relates directly to sentience, as
the prefrontal cortex in humans occupies a far larger percentage of the brain
than any other animal.”
I would even argue that Wikipedia left some stuff out of
their article! What about CVA? What about TBI? They both can affect the prefrontal cortex.
This is an exciting time, people. What if, by ruling on this court case, the
Supreme Court is, in essence, stating that a lot of the behaviors that society
has in the past described as “weak,” “immoral,” “unethical,” “crazy” are not arrived at by
choice? What if those behaviors were
PURELY a function of brain structure?
Wait a minute! What
are the implications of this ruling? What
about the limited number of psych visits that insurance will pay for? You know the one where “mental” problems aren’t
as important as “physical” problems. What
if the Supreme Court decides that, when it comes to the brain, “size does matter?”
(pun intended) Aren’t they opening
Pandora’s box?
Maybe.
May-be.
