Gregory S. Berns on October 20, 2009
On November 9th, 2009 the Supreme Court will hear arguments on whether the 8th amendment's ban on cruel and unusual punishment prohibits courts from sentencing children to life without the possibility of parole for the commission of a non-homicide. The elephant in the room, and the thing that the Court has taken deliberate steps to leave out of its rulings in the past, is the human brain. Numerous briefs have been submitted by mental health advocacy groups suggesting that the brain is not fully mature until the mid-20's. But come November, the Court should once again ignore the growing drumbeat to blame the immature brain and leave neuroscience out of its decision.
On November 9th, 2009 the Supreme Court will hear arguments on whether the 8th amendment's ban on cruel and unusual punishment prohibits courts from sentencing children to life without the possibility of parole for the commission of a non-homicide. The elephant in the room, and the thing that the Court has taken deliberate steps to leave out of its rulings in the past, is the human brain. Numerous briefs have been submitted by mental health advocacy groups suggesting that the brain is not fully mature until the mid-20's. But come November, the Court should once again ignore the growing drumbeat to blame the immature brain and leave neuroscience out of its decision.
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