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Genetics In Court Is a Very Messy Business

Courts may soon face the challenge of determining whether genetics can be linked to criminal behavior. The “my genes made me do it” defense is not solely reserved for Law and Order SVU. At least, not for long.

As science continues to tell us more and more about genetics, geneticists and medical ethicists believe it’s only a matter of time before people start using genetic predispositions to get them out of guilty verdicts. A precedent has been set with a number of recent cases, but scientists and lawyers alike flag that a poor understanding of genetics and behavior could result in a dangerous misuse of science in the legal system. That’s what Dr. Paul Appelbaum, the director of Columbia University’s Center for Research on Ethical, Legal and Social Implications of Psychiatric, Neurologic and Behavioral Genetics argues in an essay published today in the journal Neuron.

A genetics argument in criminal court may make scientists squeamish, and Appelbaum says that should apply to civil court—which handles things like divorce and some property damage cases—as well. An interesting case in Canada raised this red flag. In Adacsi v Amin, a woman named Tammy Adacsi sued her landlords after the house she was staying in caught on fire. She was hospitalized for months and claimed that her injuries prevented her from ever working again. The landlords demanded in court that Adacsi be ordered to submit a blood sample to test for whether she is a carrier of a gene mutation for Huntington’s Disease, which runs in her family. The landlords argued some of her symptoms could be a result of that disorder. The court ruled in their favor. Appelbaum says it’s not out of the question that a similar thing could happen in the U.S.

His recommendation is that courts allow genetics to enter arguments very, very slowly.

Read the full article here.

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