Forensic value of genetic variants associated with anti‐social behavior

Antonio Oliva, Simone Grassi, Massimo Zedda, Marco Molinari, Stefano Ferracuti

Research output: Contribution to journalArticlepeer-review

Abstract

Insanity defense is sometimes invoked in criminal cases, and its demonstration is usually based on a multifactorial contribution of behavioural, clinical, and neurological elements. Neuro-radiological evidence of structural alterations in cerebral areas that involve decision‐making and moral reasoning is often accepted as a useful tool in these evaluations. On the other hand, the genetic predisposition to anti‐social behavior is still controversial. In this paper, we describe two cases of violent crimes committed by young carriers of genetic variants associated with personality disorder; both the defendants claimed to be insane at the time of the crime. We discuss these cases and review the scientific literature regarding the relationship between legal incapaci-ty/predisposition to criminal behavior and genetic mutations. In conclusion, despite some genetic variants being able to influence several cognitive processes (like moral judgement and impulse control), there is currently no evidence that carriers of these mutations are, per se, incapable of intentionally committing crimes.
Original languageEnglish
Pages (from-to)2386-2396
Number of pages11
JournalDiagnostics
Volume11
DOIs
Publication statusPublished - 2021

Keywords

  • Anti‐social behavior
  • Behavioral genetics
  • Crime
  • Genetic predisposition
  • Legal capacity

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