Trial Magazine

The Brain Defense: Murder in Manhattan and the Dawn of Neuroscience in America's Courtrooms

Kevin Davis

Penguin Random House

336pp., $28.00

Reviewed by Lindsay Cordes

Herbert Weinstein had previously been a nonviolent, law-abiding man before he confessed to murdering his wife—an act completely out of character. Because of his inexplicable behavior, his defense attorney ordered Weinstein to undergo brain imaging. Doctors discovered a large cyst pressing down on his brain’s frontal lobe, which governs judgment and impulse control. His defense attorney argued that the cyst rendered Weinstein unable to control himself at the time of the murder—and therefore not culpable.

Weinstein’s fate is eventually revealed in The Brain Defense, and his 1992 case is presented in detail as one of the first examples of using ­neuroscience to support a legal defense in an American courtroom. The book focuses almost solely on the application of neuroscience to criminal cases and its use by defense attorneys to absolve their clients of guilt or mitigate their sentences. The book also recounts the case of David Alonso, who savagely attacked his wife and daughter after a head injury left him in a six-hour coma. The prosecution became convinced that Alonso had suffered a psychiatric episode, and he agreed to plead not guilty by reason of insanity.

Because neuroscience is more commonly applied in the criminal context, civil lawyers may find that there is not much in the book that applies to the issues they face. Regardless, it is a fascinating read. The book is easy to digest—it’s broken up into chapters that explore ­neuroscience’s applicability to different cases and disciplines. For example, the author discusses neuroscience in the context of juvenile defendants, adults who were abused as children, and criminal defendants who have suffered sports- or combat-related traumatic brain injuries.

For civil lawyers who represent abused children, an interesting takeaway is that a growing body of research shows that abuse, neglect, and mistreatment can alter brain function and affect mental, emotional, and behavioral development.

Scientists have found specific kinds of brain abnormalities in psychiatric patients who have suffered past abuse—perhaps attorneys could use this finding to prove permanent emotional damage.

When used as a defense, neuroscience pre­sents many novel questions in our justice system—and will only gain more momentum in the years to come. If you’re fascinated by crime or science, The Brain Defense is a good read for you.

Lindsay Cordes is an attorney at Thomas Law Offices in Louisville, Ky. She can be reached at lindsay.cordes@thomaslawoffices.com.