Behavioral Genetics in Criminal and Civil Courts.

Although emerging findings in psychiatric and behavioral genetics create hope for improved prevention, diagnosis, and treatment of disorders, the introduction of such data as evidence in criminal and civil proceedings raises a host of ethical, legal, and social issues. Should behavioral and psychiatric genetic data be admissible in judicial proceedings? If so, what are the various means for obtaining such evidence, and for what purposes should its admission be sought and permitted? How could-and should-such evidence affect judicial outcomes in criminal and civil proceedings? And what are the potential implications of using behavioral and psychiatric genetic evidence for individuals and communities, and for societal values of equality and justice? This article provides an overview of the historical and current developments in behavioral genetics. We then explore the extent to which behavioral genetic evidence has-and should-affect determinations of criminal responsibility and sentencing, as well as the possible ramifications of introducing such evidence in civil courts, with a focus on tort litigation and child custody disputes. We also consider two ways in which behavioral genetic evidence may come to court in the future-through genetic theft or the subpoena of a litigant's biospecimen data that was previously obtained for clinical or research purposes-and the concerns that these possibilities raise. Finally, we highlight the need for caution and for approaches to prevent the misuse of behavioral genetic evidence in courts.

The forensic use of behavioral genetics in criminal proceedings: Case of the MAOA-L genotype.

The role of behavioral genetic evidence in excusing and mitigating criminal behavior is unclear. Research has suggested that a low activity genotype of the enzyme monoamine oxidase (MAOA-L) may increase the risk for aggressive and antisocial behavior. By examining criminal proceedings in which MAOA-L genotype evidence was introduced, we explored the forensic uses of behavioral genetic science. Westlaw and LexisNexis legal databases were electronically searched for cases from 1995 to 2016 to identify court documents from cases involving the MAOA-L genotype. Evidence of the MAOA-L genotype was included in records from 11 criminal cases (9 U.S. and 2 Italian). In the guilt phase, genotype evidence was ruled admissible in one of two cases, and may have contributed to a conviction on a lesser charge. In the sentencing phase, genotype evidence was admissible in four of five cases, one of which ended with a lesser sentence. Five cases used genotype evidence for post-conviction appeals, two of which resulted in sentence reductions. Even when charges or sentences are reduced it is difficult to gauge the effect of evidence of the MAOA-L genotype. Genotype evidence may lack persuasive effect because the impact of the allele on a particular accused is difficult to establish.

Behavioral Genetics and the Forensic Mental Health Provider: An Overview.

The area of behavioral genetics has sufficiently entered the area of forensic mental health work that providers should have some working knowledge of the strengths and limitations of these exciting technical advances. Using MAOA as an example, this essay reviews some of the recurring themes in forensic behavioral genetics and suggests additional ways in which the technology might be used in legal matters.

The double helix takes the witness stand: behavioral and neuropsychiatric genetics in court.

Data on neuropsychiatric and behavioral genetics have attracted legal interest, as attorneys explore their use in criminal and civil cases. These developments may assist judges and juries in making difficult judgments-but they bring substantial risk of misinterpretation and misuse.

The inclination to evil and the punishment of crime - from the bible to behavioral genetics.

The evolving field of behavioral genetics is gradually elucidating the complex interplay between genes and environment. Scientific data pertaining to the behavioral genetics of violent behavior provides a new context for an old dilemma regarding criminal responsibility and punishment: if the inclination to violent behavior is inherent in someone's nature, how should it affect punishment for crime? Should it be considered as a mitigating or an aggravating factor? Given psychiatrists' increasing involvement in providing testimony on behavioral genetics in the criminal justice system, this paper first provides the necessary background required for understanding how this question arises and reviews the relevant literature. Then, we address this question from the perspective of the Bible and its commentators, in the belief that their insights may enrich the contemporary discussion of this question.

Ethical, legal, social, and policy implications of behavioral genetics.

The field of behavioral genetics has engendered a host of moral and social concerns virtually since its inception. The policy implications of a genetic basis for behaviors are widespread and extend beyond the clinic to the socially important realms of education, criminal justice, childbearing, and child rearing. The development of new techniques and analytic approaches, including whole-genome sequencing, noninvasive prenatal genetic testing, and optogenetics, has clearly changed the study of behavioral genetics. However, the social context of biomedical research has also changed profoundly over the past few decades, and in ways that are especially relevant to behavioral genetics. The ever-widening scope of behavioral genetics raises ethical, legal, social, and policy issues in the potential new applications to criminal justice, education, the military, and reproduction. These issues are especially critical to address because of their potentially disproportionate effects on vulnerable populations such as children, the unborn, and the incarcerated.

Epigenetics and its implications for Psychology / La epigenética y sus implicaciones para la Psicología

Background: Epigenetics is changing the widely accepted linear conception of genome function by explaining how environmental and psychological factors regulate the activity of our genome without involving changes in the DNA sequence. Research has identified epigenetic mechanisms mediating between environmental and psychological factors that contribute to normal and abnormal behavioral development. Method: the emerging field of epigenetics as related to psychology is reviewed. Results: the relationship between genes and behavior is reconsidered in terms of epigenetic mechanisms acting after birth and not only prenatally, as traditionally held. Behavioral epigenetics shows that our behavior could have long-term effects on the regulation of the genome function. In addition, epigenetic mechanisms would be related to psychopathology, as in the case of schizophrenia. In the latter case, it would be especially relevant to consider epigenetic factors such as life adversities (trauma, disorganized attachment, etc.) as related to its clinical manifestations, rather than genetic factors. Moreover, epigenetics implies overcoming classical dualist dichotomies such as nature-nurture, genotype-phenotype or pathogenesis-pathoplasty. Conclusions: In general, it can be stated that behavior and environment will finally take on a leading role in human development through epigenetic mechanisms (AU)

La epigenética está cambiando la concepción lineal que se suele tener de la genética al mostrar cómo eventos ambientales y psicológicos regulan la actividad de nuestro genoma sin implicar modificación en la secuencia de ADN. La investigación ha identificado mecanismos epigenéticos que juegan un papel mediador entre eventos ambientales y psicológicos y el desarrollo normal y alterado. Método: el artículo revisa el campo emergente de la epigenética y sus implicaciones para la psicología. Resultados: entre sus implicaciones destacan la reconsideración de la relación entre genes y conducta en términos de procesos epigenéticos que acontecen a lo largo de la vida y no solo prenatalmente como se asumía. La epigenética conductual muestra que nuestra conducta puede tener efectos a largo plazo sobre la función genómica. Otra implicación concierne a la psicopatología, señaladamente a la esquizofrenia. Más que de causas genéticas, habría que hablar de mediadores epigenéticos entre las adversidades de la vida (trauma, apego desorganizado) y formas clínicas. Asimismo, la epigenética implica la superación de dicotomías dualistas como herencia-medio, genotipo-fenotipo y patogenia-patoplastia. Conclusiones: en general, se puede decir que la conducta y el ambiente asumirán finalmente un papel protagonista en el desarrollo humano mediante mecanismos epigenéticos (AU)

Ethical issues in the use of genetic information.

Advances in molecular genetics promise to deepen our understanding of the biological basis of human behavior and shed light on the pathophysiology of mental illness. Genetic research is likely to improve our ability to develop somatic treatments for psychiatric syndromes as well as to identify targets for environmental intervention. However, population-screening tests for disorders with multifactorial inheritance may offer little clinical benefit to outweigh their potential for misuse. Relevant legal issues surrounding the use of genetic information in psychiatry include the perceived need for laws to prevent insurance and employment discrimination, and concerns about genetic status as a possible excuse for criminal behavior. Relevant ethical issues include threats to patient privacy and confidentiality and the importance of fairly distributing the benefits and burdens of genetic advances.

Genetics, antisocial personality, and criminal responsibility.

There is now substantial evidence that heritable biological factors play a role in the genesis of repetitive antisocial behavior. The differing conceptual frameworks of behavioral genetics and the law are described, and the implications that current research in behavioral genetics may have for assigning responsibility for unlawful behavior are discussed.