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States rethink 'adult time for adult crime' - the Youth Advocacy Division

States rethink 'adult time for adult crime' - the Youth Advocacy Division

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Pennsylvania man who was facing <strong>the</strong> death penalty <strong>for</strong> crimes committed as a juvenile.<br />

I happened to have reviewed this literature <strong>for</strong> a manuscript reporting our own data<br />

from longitudinal studies per<strong>for</strong>med by Penn’s Brain Behavior Laboratory and <strong>the</strong><br />

Schizophrenia Center, and so I agreed to augment it and make it more readable <strong>for</strong> nonexperts.<br />

He sent it back to me, this <strong>time</strong> <strong>for</strong>matted as an affidavit in <strong>the</strong> case of a Mr.<br />

Hector Huertas. He asked whe<strong>the</strong>r I would mind reviewing <strong>the</strong> affidavit and, if I agreed<br />

with its contents, to notarize and sign it. Well, I agreed and it apparently worked. The<br />

Commonwealth decided not to pursue <strong>the</strong> death penalty in light of scientific findings<br />

that <strong>the</strong> brain does not mature until early <strong>adult</strong>hood. Soon afterward Mr. Bookman<br />

called again, this <strong>time</strong> to help a colleague in Texas who was defending a Mr. Toronto<br />

Patterson, a death-row inmate who also committed his crime when he was an<br />

adolescent.<br />

The affidavit did not save Mr. Patterson’s life, but while <strong>the</strong> U.S. Supreme Court refused<br />

to hear <strong>the</strong> appeal, it expressed interest in <strong>the</strong> scientific evidence from brain research<br />

that was presented in <strong>the</strong> case, and invited such arguments in future cases. The race was<br />

on to see what would be <strong>the</strong> test case determining whe<strong>the</strong>r <strong>the</strong> death penalty will apply<br />

to juvenile defendants, and I found myself being asked to sign affidavits from around<br />

<strong>the</strong> country. The “winner” was a Missouri man, Mr. Christopher Simmons (Roper v.<br />

Simmons). Below is a summary of <strong>the</strong> material I have submitted as part of an amicus<br />

organized by Mr. Simmons’ defense:<br />

The rate at which <strong>the</strong> human brain matures has been of considerable interest to<br />

neuroscientists, and knowledge of when different brain regions mature in human<br />

development may have profound implications <strong>for</strong> understanding behavioral<br />

development. Although <strong>the</strong> brain and its structure become well differentiated during<br />

fetal development, <strong>the</strong>re is overwhelming evidence that much of <strong>the</strong> maturational<br />

process occurs after birth. Indeed, projections from early pioneering work on donated<br />

brain tissue have indicated that some brain regions do not reach maturity in humans<br />

until <strong>adult</strong>hood. These projections have been confirmed by more recent neuroimaging<br />

studies.<br />

While sophisticated methods <strong>for</strong> preservation and dissection of postmortem brain tissue<br />

had been developed in <strong>the</strong> first decades of <strong>the</strong> 20th century, it was not until <strong>the</strong> 1960s<br />

that enough such tissue was available to examine <strong>the</strong> question of brain maturation in<br />

humans. Arguably <strong>the</strong> largest collection and <strong>the</strong> most influential work was that of Dr.<br />

Paul I. Yakovlev and his colleagues at Harvard University. His work has focused on <strong>the</strong><br />

creation of myelin, fatty tissue surrounding nerve fibers. This process, known as<br />

myelogenesis, is important <strong>for</strong> assuring efficient transmission of neuronal signals;<br />

myelin surrounds <strong>the</strong> nerve fibers that carry in<strong>for</strong>mation across large distances very<br />

much in <strong>the</strong> same way that rubber is used <strong>for</strong> insulating cables designed to conduct<br />

electricity across distance.<br />

Yakovlev examined slices of brain tissue from a wide age range of more than 200 brains,<br />

finding that especially late to myelinate were those parts of <strong>the</strong> brain that inhibit and<br />

modulate <strong>the</strong> more primitive, drive-related activation of <strong>the</strong> limbic areas. As interpreted<br />

by Yakovlev and his colleagues, <strong>the</strong> anatomic data indicated that <strong>the</strong> very functions that

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