Unfair (46 page)

This aligns with other research:
Mobbs et al., “Law, Responsibility, and the Brain,” 694; Batts, “Brain Lesions,” 268.

One of the strangest aspects:
Mobbs et al., “Law, Responsibility, and the Brain,” 697.

Mr. Oft's case would seem:
Michael Kalichman, Dena Plemmons, and Stephanie J. Bird, “Editor's Overview: Neuroethics: Many Voices and Many Sources,”
Science and Engineering Ethics
18, no. 3 (2012): 424; Burns and Swerdlow, “Right Orbitofrontal Tumor,” 440.

Given the complexities of antisocial behavior:
Mobbs et al., “Law, Responsibility, and the Brain,” 694.

The amygdala, for instance:
Mobbs et al., “Law, Responsibility, and the Brain,” 694.

Neuroscientists have identified this:
Mobbs et al., “Law, Responsibility, and the Brain,” 694–95.

When it is not functioning properly:
Mobbs et al., “Law, Responsibility, and the Brain,” 694.

We have known for a long time:
Mobbs et al., “Law, Responsibility, and the Brain,” 693–94.

Although we've been considering:
Batts, “Brain Lesions,” 269–70.

Pedophilia, for example, seems to:
Wiebking et al., “Pedophilia,” 108.

But the location of the abnormality:
Mobbs et al., “Law, Responsibility, and the Brain,” 695.

Those who have deficiencies in:
Mobbs et al., “Law, Responsibility, and the Brain,” 695.

By contrast, those with demonstrated abnormal:
Mobbs et al., “Law, Responsibility, and the Brain,” 695.

Some researchers have argued that:
Developmental psychopathy may involve some reactive aggression as well. D.V.B. Mitchell, S.B. Anvy, and R.J.R. Blair, “Divergent Patterns of Aggressive and Neurocognitive Characteristics in Acquired Versus Developmental Psychopathy,”
Neurocase
12, no. 3 (2006): 164,
http://dx.doi.org/​10.1080/​13554790600611288
.

Those with acquired psychopathy have suffered:
Mitchell, Anvy, and Blair, “Divergent Patterns,” 173–74.

Television shows and movies lead us:
For an interesting discussion of the depictions of psychopaths in movies, see Samuel J. Leistedt and Paul Linkowski, “Psychopathy and the Cinema: Fact or Fiction?”
Journal of Forensic Sciences
59 (2014): 167–74, doi: 10.1111/1556-4029.12359.

And the case against our simplistic:
Adult experiential and other factors can obviously also play a role.

Some scientists have claimed that:
Gareth Cook, “Secrets of the Criminal Mind,”
Scientific American
, May 7, 2013,
http://www.scientificamerican.com/​article/secrets-criminal​-mind-adrian-raine/
; Kiehl and Buckholtz, “Inside the Mind of a Psychopath,” 28. Of course, we cannot look at the human genome and say, here is the gene for aggression or psychopathy or general criminality. Valeo, “Legal-Ease,” 39; The Royal Society, “Brain Waves Module 4,” v. However, we know genes can matter a lot. Greely, “Law and the Revolution in Neuroscience,” 691.

All things being equal:
Greely, “Law and the Revolution in Neuroscience,” 691.

And psychopaths and pedophiles:
Kiehl and Buckholtz, “Inside the Mind of a Psychopath,” 28; Wiebking et al., “Pedophilia,” 102.

A good example of the interplay:
“ ‘Warrior Gene' Predicts Aggressive Behavior after Provocation,” Brown University, last modified January 19, 2009,
http://news.brown.edu/​pressreleases​/2009/01/hotsauce
.

Scientists have suggested that:
It is important to note that we are still learning about the effects of this genetic condition and the research remains controversial. S.Z. Sabol, Stella Hu, and D. Hamer, “A Functional Polymorphism in the Monoamine Oxidase A Gene Promoter,”
Human Genetics
103, no. 3 (1998): 273–79, doi: 10.1007/s004390050816; Thomas Nadelhoffer and Walter Sinnot-Armstrong, “Neurolaw and Neuroprediction: Potential Promises and Perils,”
Philosophy Compass
7, no. 9 (2012): 636, doi: 0.1111/j.1747-9991.2012.00494.x.

On a more general level:
The Royal Society, “Brain Waves Module 4,” 13.

Some of those experiences have to:
Adrian Raine,
The Anatomy of Violence: The Biological Roots of Crime
(Toronto: Random House, 2013), 207.

A wealth of evidence:
Raine,
The Anatomy of Violence
, 207.

Even micronutrients appear to matter:
Raine,
The Anatomy of Violence
, 218.

If your mother smokes:
Raine,
The Anatomy of Violence
, 277.

And similar patterns emerge:
Raine,
The Anatomy of Violence
, 277.

Particularly disturbing are the elements:
Raine,
The Anatomy of Violence
, 223–29.

There is growing evidence:
The evidence has come from efforts combining neuroscientific evidence with econometric studies correlating regional exposure levels and later crime statistics. Alex Knapp, “How Lead Caused America's Violent Crime Epidemic,”
Forbes
, January 3, 2013,
http://www.forbes.com/​sites/alexknapp/2013​/01/03/how-lead-caused-americas-violent-crime-epidemic/
.

The theory is that kids:
Knapp, “How Lead”; Raine,
The Anatomy of Violence
, 223–25; Jonah Lehrer, “The Crime of Lead Exposure,”
Wired
, June 1, 2011,
http://www.wired.com/​2011/06​/the-crime-of-lead-exposure/
.

As a result, two decades later:
Knapp, “How Lead”; Raine,
The Anatomy of Violence
, 223–29.

It matters what your parents:
Michael Shader,
Risk Factors for Delinquency: An Overview
(Washington, DC: U.S. Department of Justice, 2004): 3–8,
https://www.ncjrs.gov​/pdffiles1/ojjdp/frd030127.pdf
.

Having a mother and father:
Shader, “Risk Factors for Delinquency,” 4–8.

And many of these risk factors:
Shader, “Risk Factors for Delinquency,” 3.

We know that people in:
Mobbs et al., “Law, Responsibility, and the Brain,” 698.

A recent survey from:
Mobbs et al., “Law, Responsibility, and the Brain,” 698.

The frontal lobes, particularly:
Mobbs et al., “Law, Responsibility, and the Brain,” 698; The Royal Society, “Brain Waves Module 4,” 13–14; John Monterosso and Barry Schwartz, “Did Your Brain Make You Do It?,”
New York Times
, July 27, 2012,
http://www.nytimes.com/​2012/07/29/opinion​/sunday/neuroscience-and-moral-responsibility.html?_r=2&hp&
.

As you'd expect from looking:
Mobbs et al., “Law, Responsibility, and the Brain,” 698.

Lacking the fully formed quick-decision-making:
Mobbs et al., “Law, Responsibility, and the Brain,” 698. For more on gist-based decision-making and adolescents, see Abigail A. Baird and Jonathan A. Fugelsang, “The Emergence of Consequential Thought: Evidence from Neuroscience,”
Philosophical Transactions of the Royal Society of London, Series B: Biological Sciences
359, no. 1451 (2004): 1797–1804; Valerie F. Reyna, “How People Make Decisions That Involve Risk: A Dual-Processes Approach,”
Current Directions in Psychological Science
, 13, no. 2 (2004): 60–66; Valerie F. Reyna and Frank Farley, “Risk and Rationality in Adolescent Decision Making,”
Psychological Science in the Public Interest
, 7, no. 1 (2006): 1–44.

According to one theory:
The Royal Society, “Brain Waves Module 4,” 13–14.

From an evolutionary perspective:
David Dobbs, “Beautiful Brains,”
National Geographic Magazine
, October, 2011,
http://ngm.nationalgeographic.com/​print/2011/10/​teenage-brains/dobbs-text
.

One bright sign is that:
Graham v. Florida, 560 U.S. 48 (2010).

In both
Graham v. Florida: Graham
, 560 U.S. at 63; Roper v. Simmons, 543 U.S. 551, 569 (2005). Likewise, in the 2012 case of
Miller v. Alabama
, the Supreme Court barred automatic life sentences for juveniles convicted of murder. Miller v. Alabama, 132 S. Ct. 2455 (2012). Unfortunately, as discussed in more detail later in considering our motives to punish, some states have actively evaded these changes by simply providing juveniles with automatic sentences of seventy or eighty years without parole. Erik Eckholm, “Juveniles Facing Lifelong Terms Despite Rulings,”
New York Times
, January 1, 2014,
http://www.nytimes.com/​2014/01/20/us/​juveniles-facing-lifelong-terms-despite-rulings.html?_r=1
.

Just look at the Bulger boys:
Christine Chinlund, Dick Lehr, and Kevin Cullen, “Senate President: A Mix of Family, Southie, Power,”
Boston Globe
, September 18, 1988,
http://www.boston.com/​news/local/massachusetts​/articles/1988/09​/18/senate_president_a_mix_of_family_southie_power/?page=full
.

They were raised in South Boston:
Chinlund, Lehr, and Cullen, “Senate President.”

The elder James had lost:
Chinlund, Lehr, and Cullen, “Senate President.”

Whitey and Bill shared a room:
Chinlund, Lehr, and Cullen, “Senate President.”

Though the project has since:
Chinlund, Lehr, and Cullen, “Senate President.”

The Bulgers did not have much:
Chinlund, Lehr, and Cullen, “Senate President.”

Whitey stayed local and fell:
Chinlund, Lehr, and Cullen, “Senate President.”

The boys he hung out with:
Chinlund, Lehr, and Cullen, “Senate President.”

Whitey was fourteen when:
“Whitey Bulger Biography,”
Bio
, accessed May 21, 2014,
http://www.biography.com/​people/whitey-bulger–328770#capture-and-trial&awesm=~oEWyGCLDWfHOKb
.

In short order he would:
“Whitey Bulger Biography.”

Age fourteen was similarly pivotal:
Chinlund, Lehr, and Cullen, “Senate President.”

While Whitey was brawling:
Chinlund, Lehr, and Cullen, “Senate President.”

Later, while Bill was immersing:
Chinlund, Lehr, and Cullen, “Senate President.”

Bill went off to law school:
Chinlund, Lehr, and Cullen, “Senate President.”

As a legislator, he fought:
“UMass Presidents: William M. Bulger,” University of Massachusetts, last modified June 30, 2011,
http://www.massachusetts.edu/​presidents/bulger.html
.

He was later appointed:
“UMass Presidents: William M. Bulger.” Over the years, Bill also served on numerous boards, from the Boston Public Library Board of Trustees to the Massachusetts General Hospital Board of Trustees to the Museum of Fine Arts Board of Trustees. “UMass Presidents: William M. Bulger.”

After he was released:
Helen Kennedy, “Notorious Gangster Whitey Bulger Was Inspiration for Jack Nicholson's Character in ‘The Departed,' ”
NY Daily News
, June 23, 2011,
http://www.nydailynews.com/​news/national/notorious-gangster-whitey-bulger-inspiration-jack-nicholson​-character-departed-article-1.131159.Drugs
, bookmaking, loan sharking—Whitey controlled it all. “Whitey Bulger Biography.”

When Osama bin Laden was killed:
Dick Lehr and Girard O'Neill, “Whitey Bulger: Secrets behind the Capture of the FBI's Most Wanted Man,”
Salon
, February 24, 2013,
http://www.salon.com/​2013/02/​24/whitey_bulger_secrets_behind_the_capture_of_the_fbis_most_wanted_man/
.
At one point, he had a $2 million price on his head, the largest ever for a nonforeign target, and his own dedicated Bulger Task Force. Lehr and O'Neill, “Whitey Bulger”; “James ‘Whitey' Bulger Captured: Media Campaign Leads to Top Ten Arrest,” FBI, last modified June 23, 2011,
http://www.fbi.gov/​news/stories/​2011/june/bulger_062311​/bulger_062311
.

After authorities finally caught him:
Milton J. Valencia, Shelley Murphy, and Martin Finucane, “Whitey Bulger, Boston Gangster Found Responsible for 11 Murders, Gets Life In Prison,”
Boston Globe
, November 14, 2013.

All that said, we shouldn't:
Asma Khalid, “Whitey and Billy: A Tale of Two Boston Brothers,”
WBUR
, June 2, 2013,
http://www.wbur.org/​2013/06/02/​whitey-billy-bulger-brothers
.

Our surroundings often exert:
Miller,
The Social Psychology of Good and Evil
, 2.

That seems uncontroversial enough:
Miller,
The Social Psychology of Good and Evil
, 30-31; Shankar Vedantam, “Behind a Halloween Mask, Even ‘Good' Kids Can Turn into Candy Thieves,” NPR, October 31, 2012,
http://www.npr.org/​blogs/thesalt/2012/10/31/164030718​/behind-a-halloween-mask-even-good-kids-can-turn-into-candythieves
.