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Effects of Behavioral Genetic Evidence on Perceptions of Criminal Responsibility and Appropriate Punishment.

ABSTRACT: Demonstrations of a link between genetic variants and criminal behavior have stimulated increasing use of genetic evidence to reduce perceptions of defendants' responsibility for criminal behavior and to mitigate punishment. However, because only limited data exist regarding the impact of such evidence on decision makers and the public at large, we recruited a representative sample of the U.S. adult population (n=960) for a web-based survey. Participants were presented with descriptions of three legal cases and were asked to: determine the length of incarceration for a convicted murderer; adjudicate an insanity defense; and decide whether a defendant should receive the death penalty. A fully crossed, between-participants, factorial design was used, varying the type of evidence (none, genetic, neuroimaging, both), heinousness of the crime, and past criminal record, with sentence or verdict as the primary outcome. Also assessed were participants' apprehension of the defendant, belief in free will, political ideology, and genetic knowledge. Across all three cases, genetic evidence had no significant effects on outcomes. Neuroimaging data showed an inconsistent effect in one of the two cases in which it was introduced. In contrast, heinousness of the offense and past criminal record were strongly related to participants' decisions. Moreover, participants' beliefs about the controllability of criminal behavior and political orientations were significantly associated with their choices. Our findings suggest that neither hopes that genetic evidence will modify judgments of culpability and punishment nor fears about the impact of genetic evidence on decision makers are likely to come to fruition.

SUBMITTER: Appelbaum PS

PROVIDER: S-EPMC4521637 | biostudies-literature | 2015 May

REPOSITORIES: biostudies-literature

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Effects of Behavioral Genetic Evidence on Perceptions of Criminal Responsibility and Appropriate Punishment.

Appelbaum Paul S PS Scurich Nicholas N Raad Raymond R

Psychology, public policy, and law : an official law review of the University of Arizona College of Law and the University of Miami School of Law 20150501 2

Demonstrations of a link between genetic variants and criminal behavior have stimulated increasing use of genetic evidence to reduce perceptions of defendants' responsibility for criminal behavior and to mitigate punishment. However, because only limited data exist regarding the impact of such evidence on decision makers and the public at large, we recruited a representative sample of the U.S. adult population (n=960) for a web-based survey. Participants were presented with descriptions of three ...[more]

PMID: 26240516

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Project description:BackgroundViolence is one of the leading causes of injury and death in the United States. One-way society attempts to eliminate violence is through criminal punishment. Yet, in many contexts, punishment fails to reduce violence and may cause other harms. Current research on violence often suffers from same-source bias which can produce spurious associations. This study assesses the associations of different forms of criminal punishment (monetary sanctions, incarceration, and probation) with violent injuries in two unique datasets.MethodsThis study examines a unique combination of hospital discharge data and court administrative data, two Minnesota county-level data sources. First, we assess the spatial distribution of the three criminal punishment variables and two violent injury variables, violent injury overall and violent injury in children by county from 2010 to 2014, using Moran's I statistic and Local Indicators of Spatial Autocorrelation. Then we assess the association of criminal punishment on violent injury and child abuse injury using a two-way fixed effects panel models.ResultsChild abuse injuries are relatively rare in our data but are significantly concentrated geographically, unlike violent injuries which are more dispersed throughout Minnesota. Incarceration and probation are significantly geographically concentrated in similar regions while monetary sanctions are not geographically concentrated. We find a link between probation loads and violent injury, specifically, with a 1 day increase in per capita probation supervision associated with a 0.044 increase in violent injury incidence per 1000 people. In contrast, monetary sanctions and incarceration loads have little association with either violent injury or child abuse injury incidence.ConclusionsCriminal punishment is intended to reduce harm in society, but many argue that it may bring unintended consequences such as violence. This study finds that county-level probation has a modest positive association with county-level violent injury rates, but monetary sanctions and incarceration are less associated with violence injury rates. No measure of criminal punishment was associated with a reduction in violence. This study addresses a gap in previous literature by examining the association of punishment and violence in two unrelated datasets. High rates of criminal punishment and violent injury are both urgent public health emergencies. Further individual-level investigation is needed to assess potential links.

Dataset Information

Effects of Behavioral Genetic Evidence on Perceptions of Criminal Responsibility and Appropriate Punishment.

Publications

Effects of Behavioral Genetic Evidence on Perceptions of Criminal Responsibility and Appropriate Punishment.

Similar Datasets

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