Nature vs Nurture in the

Criminal Justice System

Kaylene, Anna, Kate, and Kyleigh
Nature vs Nurture: What is it?

● Nurture:
○ Genetic variants in parents may affect the fitness of their offspring, even if the child does
not carry the allele
● Non-transmitted alleles
● Animal studies
○ Effects at the fetal stage
● Human studies
○ Effects after birth

(Kong, et al. 2018)

Complications of the Argument

● Effects of relatives
● Adoption
○ Restrictions due to unknown information
● Which is more prevalent in the expression of phenotype: nature or nurture?

(Kong, et al. 2018)

Behavioral Genetics

● Variations in behavior that are affected by genes

● Quantitative analysis
○ Intersection between genetics and psychology
● Different environments (nurture)
● Different genetics (nature)
○ Adoption and biological relevance
● Twin studies

(Mcleod 2018)
Interactions of Nature and Nurture

● Polygenic inheritance
○ Ex. depression
● The concepts of nurture and behavioral genetics
○ Selection of environments
● Interaction effects
○ The “how much” question
● Psychopathology
○ Mental disorders

(Mcleod 2018)
Genetics and Criminal Behavior

● Not necessarily defined by genotype

● Antisocial Personality Disorder (ASPD)
○ Candidate genes
● Association studies
○ The serotonergic pathway
○ DDC and MAOA
● https://www.youtube.com/watch?v=dlEnOnqBl7Q

(Morley and Hall 2020)

Klinefelter's and Jacobs Syndrome

● XXY have been linked to having more aggression

○ Lower IQ scores can result (Richard-Devantoy et al. 2013)
● XYY males tend to have learning disabilities
○ Can lead to crime out of misunderstanding (Lenroot, MD et al. 2012)
● Needs to be tested further
○ Other factors can be linked to crime (Richard-Devantoy et al. 2013)

(47, XYY
syndrome
2020)
Catholic Social Teaching

● What do you think when you hear “Catholic Social Teaching?”

(Catholic Social Teaching, 2016-2017)

Catholic Social Teaching

- “Catholic social teaching is the Catholic doctrines on matters of human

dignity and common good in society. The ideas address oppression, the role
of the state, subsidiarity, social organization, concern for social justice, and
issues of wealth distribution.”
- 7 - 10 different principles/themes

(United States Conference of

Catholic Bishops, 1998)
CST Themes

1. Life and dignity of every human person

a. Human life is sacred and that the dignity of the human person is the foundation of a moral vision for society

2. Call to family community and participation

b. The person is not only sacred but also social

3. Rights and responsibilities

c. Human dignity can be protected and a healthy community can be achieved only if human rights are
protected and responsibilities are met

2. Option for the poor and vulnerable

d. A basic moral test is how our most vulnerable members are faring

(United States Conference of

Catholic Bishops, 1998)
CST Themes Cont.

5. Participation
a. All people have a right to participate in the economic, political, and cultural life of society

6. The dignity of work and workers rights

b. The economy must serve people (not the other way around)

7. Stewardship of creation
c. We show our respect for the Creator by our stewardship of creation

8. Solidarity
d. We are one human family whatever our national, racial, ethnic, economic, and ideological differences

(United States Conference of

Catholic Bishops, 1998)
CST Themes Cont.

9. Role of the government

a. It is an instrument to promote human dignity, protect human rights, and build the common good.

10. Promotion of peace

b. Catholic teaching promotes peace as a positive, action-oriented concept.

(United States Conference of

Catholic Bishops, 1998)
Behavioral Genetic Evidence and CST Discussion

- The dignity of every human is the foundation for society’s morals (CST theme 1)
- Does genetic evidence become a scapegoat if used to lessen the punishment of criminals?
Should people be held responsible for any and all criminal acts they perform regardless of
their genetic makeup?

- A healthy community can be achieved only if human rights are protected (CST
theme 3)

- All humans have a right to receive genetic testing. However, if the criminal is only seeking
testing after he/she has committed a crime, should the results be used in the trial?
Behavioral Genetic Evidence and CST Discussion
Cont.

- We are one human family whatever our national, racial, ethnic, economic,
and ideological differences (CST theme 6)
- If we are one family (regardless of differences) should we be allowing criminals to use any
behavioral disorders as a crutch during their sentencing?

(Genetic Evidence, 2018)

CST in Genetics: Nature vs Nurture in Criminal Investigations

● There is little consistency in human behavior

○ Therefore, the classification of certain criminals is extremely difficult
● Child abuse cases and those involving pedophiles are extremely sensitive
and the line between fantasy and crime is often times unclear
○ There is a difference between fantasy and reality; the police can’t arrest someone for
thinking violent thoughts
● Genetics is considered “hard” evidence
○ More persuasive in court

(Lanning, 1992)
(Montgomery Court, 2020)
What are the benefits of Genetic testing for court
use?

● Genetic testing can help differentiate if the criminal acts are due to nature
(the person’s genome) or nurture (how the person grew up)
○ Pedophilia
● Debates on whether or not they should be used
○ Crime is still crime even if the person has a genetic/mental disorder

(Berryessa, 2014)
Ethical Dilemmas in Genetics
● National biobanks
○ Precision Medicine Initiative (PMI), in the United States (now called the All of Us Research Program)

● Experts testimony expressing scientific evidence in court

○ Significantly sways the jurors’ and judges’ opinions
○ Forensic scientists and mental health professionals who will be called to testify in court will have to ensure
the legitimacy and accuracy of their testimony

● The genetic complexity of behavioral traits

○ Typically influenced by multiple genes
○ Each gene generally has a small effect on the behavior

(Berryessa, 2014)
Ethical Dilemmas in Genetics

● Although our knowledge of the genome is expanding useable research is

still at an infancy level
○ We can identify the SNPs, copy number variants, and locations where changes cause rare or extreme
behavioral changes but that’s it
● Extensive Research shows is not genetics or the environment that
determines the behavior of a person but instead its the life long interaction
of the two
○ Nature and nurture together affect a the outcome of a person not just one or the other

(Berryessa, 2014)
Legal Issues

● The use of genetic testing is uncommon, but used today as a way to

mitigate punishment
○ 2009 Murder example
● Mobley
○ Raised concerns addressed in the Ciba symposium
■ That the defense would work to use behavioral genetics to mitigate every case
■ Juries may be swayed more with scientific evidence rather than social factors

(Denno, 2009)
Behavioral Genetics in Court

● Behavioral genetics as evidence in the court is becoming more and more

common
○ Especially in the criminal defense team
○ The defense team likely will use behavioral genetics to try and show the criminals actions
were driven by an unconscious genetic predisposition
● Behavioral genetics has become a tool for legal claims of reduced
culpability and mitigated punishment

(Scurich and
Appelbaum 2017)
Examples of Behavioral Genetics in Court

● Mobley v State
○ Had a history of behavioral disorders as a child
○ Tested him for MAOA deficiency
○ Implications of trail raised many issues
● People v Allaway
○ Appeal failed through genetic testing
○ Genetically predisposed to mental illness

(Stephen Anthony
(Denno, 2009) Mobley, 2010)
Jacobs syndrome case

● People v Tanner
○ Was put into a mental facility
○ Presented that he had Jacobs syndrome
○ Appealed to change his plea

(Court of Appeals of California, Second

District, Division Three, 1970)
Discussion Question

● Should genetic testing be allowed to be used as evidence?