Pandora's Box

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 ]  

Or do you look at it from the viewpoint of black vs. white?  [See http://newsone.com/nation/casey-gane-mccalla/black-people-receive-60-longer-sentences-for-same-crimes/   “A new study by M. Marit Rehavi of the University of British Columbia and Sonja B. Starr of the University of Michigan Law School shows that Black Americans receive almost 60% longer prison sentences than white Americans who committed the same crime.”  If I were a Black American, that would bother me.]

{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.