Genetic Predictions of Future Dangerousness: Is there a Blueprint for Violence?

Abstract

This chapter begins with a discussion and critique of the courts' use of future dangerousness predictions in sentencing and postsentence commitment proceedings for capital murderers and sex offenders and in community notification requirements for sex offenders. It then addresses the growth of knowledge about the biology of violence and sexual violence and questions whether such information could be incorporated into actuarial instruments that might more reliably form the basis for sentencing and postsentencing determinations. It examines the problems of predicting violence based on genetic information. The chapter concludes that the courts' insistence on future dangerousness predictions is ill conceived for both legal and scientific reasons.

Judges’ views on evidence of genetic contributions to mental disorders in court

“…Finally, reactions of apprehension may indicate that judges are uncomfortable with behavioral genetics evidence concerning these offenders; this could potentially be due to the fact that they feel that they do not have the background or training to effectively make legal decisions based upon genetic evidence nor the ability to distinguish the scientific validity of evidence, which would support past concerns (Appelbaum, 2005; Rothstein, 1999). Reactions of apprehension would also support why skepticism by judges on behavioral genetics evidence has to date prevented its widespread use (Beecher-Monas & Garcia-Rill, 2006). …”

“…Denno (2011) notes that in cases in which potential behavioral genetics evidence was reviewed by judges, judges almost unanimously allowed that genetic evidence to be presented in court, sometimes with evidence coming from non-experts. Beecher-Monas and Garcia-Rill (2006) write that judicial skepticism on behavioral genetics evidence to date has prevented the widespread use and allowance of such evidence in criminal trials.…”

Ethical, Legal, Social, and Policy Implications of Behavioral Genetics

“…However, future behavioral genetics research could provide a different and possibly more accurate mode of criminal prediction, hypothetically using data about the genetic makeup of a person to determine that individual’s propensity or “biological risk” for future dangerous behavior in instances like those listed above (10). From there, one could also extrapolate to say that using genetic or biological information to predict future dangerousness could also be applied to individuals who have not yet committed criminal acts, thereby “preventing” future acts from happening and saving individuals from being victimized.…”

Ethical, legal and social issues surrounding research on genetic contributions to anti-social behavior

“…There is often little judicial inquiry into the scientific validity of methods used to determine risk and dangerousness at these proceedings (Beecher-Monas & Garcia-Rill, 2006). …”