605. The Intersection of Children’s Rights and Our Legal System’s Flaws feat. Adam Benforado
unSILOed with Greg LaBlanc
Why law ignored behavioral science
Adam explains law's backward orientation and resistance to behavioral science, recounting his law‑school experience.
How does our legal system treat children today, and how do policies affecting their parents and communities cascade down to shape their lives? What forces create a pipeline to criminalization, and what would it take to break that cycle for the children who come next?
Adam Benforado is a professor of law at Drexel University and the author of two books titled A Minor Revolution: How Prioritizing Kids Benefits Us All and Unfair: The New Science of Criminal Injustice.
Greg and Adam discuss the deep-seated flaws in the US legal system, including cognitive biases and heuristics affecting legal professionals, and how historical assumptions about human behavior shape legal decision-making. Their discussion explores why the legal system is resistant to integrating behavioral sciences, and the impact of punitive criminal justice policies on society, especially children.
Adam highlights the juxtaposition between overparented, affluent children and under-resourced, marginalized youth, advocating for evidence-based, preventative approaches to social issues rather than reactionary legal interventions. There are broader societal implications of legal practices and Adam stresses the importance of prioritizing children's rights now for a more equitable future.
*unSILOed Podcast is produced by University FM.*
Episode Quotes:
A different way to look at crime
16:49: I think there's a really different way to look at crime, which is that everything is situational. It's a result of genes and environment. And of course society can play around with those things and make crime go up or go down. And so, you know, I think in this book, one of my hopes with doing it was honestly to provoke people to try to think about things that they think they know so well. And crime is one thing we think we know so well in our lives, but I think here we have to understand different countries, different people over time have taken very different approaches. And it is not that somehow, you know, people living in these cultures are fundamentally different. I've been to these other countries, and I would say humans actually are surprisingly similar. And what's different though in our country is how we approach it.
Judges are human too
07:30: I think the social science that we've accumulated literally over decades now tells a very different story, which is that judges are human beings, like all the rest of us. And so we need to be just as aware of potential biases that are coming into their judgments and decision making as everyone else.
Where you’re born shapes who you become
43:12: We promise economic, socioeconomic mobility. But if you look at it, right, if you’re in that bottom quintile of family income versus that top quintile of family income, in many ways your trajectory, no matter how inherently smart you are at third grade, a lot of that’s already tracked out simply based on all of that investment that wealthy parents are gonna make over the course of that young person’s childhood. And that’s both positive enrichment, but it’s also when kids, a lot of kids get into trouble. Something doesn’t work, they’re struggling in math, or they hit a kid in school, or they get sick. What happens, right? If you have wealthy parents, those problems get addressed and you get many second chances. If you’re a poor kid, you don’t.
Show Links:
Recommended Resources:
Guest Profile:
Guest Work:
- Amazon Author Page
- A Minor Revolution: How Prioritizing Kids Benefits Us All
- Unfair: The New Science of Criminal Injustice
- Google Scholar Page
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