Behavioral Genetics in the Courtrooms
The paper posits the thesis that there is no methodological shortcut between
behavioral genetics and legal sciences, and we are not into position to walk on
the bridge between genetics and law (especially, in the courtrooms). The structure
of the paper is as follows. First, legal cases where behavioral genetics played
some role are presented (Bayout, Stefani, Landrigan). In the next step possible
points of intersection of law and genetics are described (culpability, mitigation
etc.). The third and fourth part of the paper are devoted to genetic research (i.e.
on C. elegans) in order to establish the relation between genes, neurons, environment
(and again – genes). The conclusion of the paper is twofold (or even
threefold). There is no strong evidence that genetic research can be of any use
in legal proceedings. On the other hand, behavioral genetics is already on the
courtroom’s doorstep and legal community should be prepared for it. And at the
end, the relation between behavioral genetics and legal cases is a very interesting
problem for legal philosophy and theory.