Genetics and Criminal Behavior Evidence Through the End of the 1970s

Research reported up through and including the 1970s directly bearing upon the relationship between genetics and criminality is reviewed. Studies using four classes of research designs are considered: general pedigree (or family) studies, twin studies, karyotype studies, and adoption studies. Only the latter three offer solid evidence at least consistent with a partial genetic etiological hypothesis, and of these, only one type of karyotype study and the adoption studies appear to be on the verge of definitely settling the matter. Among the fairly definitive types of studies, most of the evidence is extremely supportive of the proposition that human variation in tendencies to commit criminal behavior is significantly affected by some genetic factors.     

Police chiefs’ and students’ attitudes about the Miranda warnings

Several studies had concluded that the police subculture holds values and attitudes that are distinct from the rest of the population. Among these values is a focus on law and order. While researchers agree that police tend to hold different values, they disagree on the source of the attitudes. Some had argued that the attitudes reflected differences regarding who was recruited for law enforcement careers while others said that the differences reflected changes that occurred to individuals after becoming officers. This study examined whether police officers and students enrolled in criminal justice/sociology classes held similar or different attitudes towards the Miranda warnings. The findings suggested that in some ways, the two groups perceived the warnings in dramatically different ways, while in other ways their differences were simply a matter of degree. Implications are provided.     

Judges’ views on evidence of genetic contributions to mental disorders in court

This preliminary analysis assesses how judges view the use of behavioral genetics evidence on genetic influences to mental disorders in court. Twenty-one semi-structured interviews, analyzed using constant comparative analysis, were conducted with California trial court judges. Most judges reported the beneficial effects of this evidence being presented in court, particularly as a mitigating factor for sentencing. Yet some judges viewed it as an aggravating factor and expressed concerns about genetic privacy. Judges described initial reactions to being potentially presented with evidence on genetic influences to mental disorders as apprehension, curiosity, and sympathy. Judges also reported putting significant trust in experts on these issues. Findings suggest some judges are skeptical of this evidence, but largely open to its presentation. Sympathetic reactions may result in mitigating attitudes of some judges. As judges significantly trust experts, some judges could also be overly trusting of genetic evidence and expert opinion on these issues.     

Criminal Records and Employment: A Survey of Experiences and Attitudes in the United States

Ban-the-Box (BTB) legislation, which bans employers from asking about criminal history records on the initial job application, is arguably the most prominent policy arising from the prisoner reentry movement. BTB policies assume: 1) most employers ask about criminal records, and 2) inquiries occur at the application stage. However, we lack reliable information about the validity of these assumptions or about public attitudes towards criminal background checks, which limits our understanding of the potential scope of this innovative policy. Using survey data from a national probability sample, we estimate that in the past year, over 31 million U.S. adults were asked about a criminal record on a job application. According to our survey, virtually all of the criminal record inquiries occurred at the application stage, highlighting the potential of BTB. However, we also found that the public is sharply divided on whether to prevent employers from asking on applications, as per BTB.     

The myth of the new female offender: Some evidence from attitudes toward law and justice

This study compared the attitudes of male and female prisoners toward law and justice. Three distinct factors were examined: attitudes toward criminal justice personnel, attitudes concerning the sanctity of law, and attitudes regarding rationalizations for law violation and conditions justifying it. Female prisoners were found to exhibit more negative attitudes toward criminal justice system personnel but more positive attitudes toward the sanctity of the law, and they did not endorse rationalizations for law violation. The finding of females' positive attitudes toward the law is consistent with gender role socialization. The study findings indicate strong internalization of gender roles by the female prisoners. The women's negative attitudes toward criminal justice personnel may have resulted from differential expectations or from the fact that women experience incarceration differently than men. Further research is necessary to clarify this finding. The present study suggests that if there is a “new breed” of female offenders who are hostile to law and justice, they do not represent the majority of women who are incarcerated in American correctional institutions.     

The effects of different paraphrasing styles on the quality of reports from young child witnesses

The link between criminal attitudes and behavior is well established throughout the literature. We know, for example, that offenders have higher levels of criminal attitudes than non-offenders. However, it is also likely that individual differences in criminal attitudes exist among offenders. The aim of the study is to explore the unique contribution of (1) individual, (2) criminal career, and (3) social characteristics to individual differences in criminal attitudes. Data were used from the Prison Project, a large-scale study among prisoners in all Dutch remand centers (N = 1612). Hierarchical linear regression models were used to identify factors associated with two types of inmates' attitudes. Among the most salient relationships with criminal attitudes were having more agreeable personality traits, having a criminogenic social network, and having experienced more prior incarcerations. Criminal history and social characteristics had the most salient links with criminal attitudes. The results seem to support the idea that criminal behavior is learned in interaction with criminal others, which is in line with the ideas of differential association and reinforcement. The current study might serve as a starting point for individually oriented prison intervention strategies and rehabilitation efforts based on specific offender characteristics.     

Neuroscience and behavioral genetics in US criminal law: an empirical analysis

The goal of this study was to examine the growing use of neurological and behavioral genetic evidence by criminal defendants in US criminal law. Judicial opinions issued between 2005–12 that discussed the use of neuroscience or behavioral genetics by criminal defendants were identified, coded and analysed. Criminal defendants are increasingly introducing such evidence to challenge defendants’ competency, the effectiveness of defense counsel at trial, and to mitigate punishment.     

Genetics,parenting, and children's rights in the twenty-first century

Not only do genetic traits sometimes translate into physical and mental illnesses, they may also manifest themselves as tendencies towards certain behaviours. This discovery has led to the misinterpretation and misapplication of genetic information, and has been directed to unforeseen uses, from criminal defence to genetic racism. The issue is especially sensitive when deciding if and when parents should have access to the genetic information of their children. The author begins with an overview of the principles of behavioural genetics and types of behaviour currently under study. Next, the social and psychological risks associated with genetic testing are presented, along with guidelines necessary to distinguish between testing which is therapeutic and that which is non-therapeutic. The distinction is a crucial one, as the author proposes a therapeutic-benefit test, advocating testing only where an effective intervention is available. Finally, the author concludes that legislation is the more appropriate medium for defining the extent of parental rights once intervention is allowed rather than leaving physicians to decide on a case-by-case basis.     

DEMOGRAPHY,POLICE BEHAVIOR,AND DETERRENCE *

This paper presents a model of police response to changes in crime frequencies and a criminal response model characterizing the deterrent effects of police arrest behavior. These models are estimated for data taken from police department records in the city of St. Louis. The underlying theoretical conception is that arrests constitute communication to criminals in general in addition to the specific deterrence achieved through the arrest it see Disaggregation in both space and time enables identification of the statistical models through measurement rather than through statistical manipulation. The models are estimated for burglaries under varying demographic conditions and using data organized through aggregation in time (by weeks) and space (by census tracts). Under some demographic conditions, both police response and deterrent effects on criminal behavior are enhanced. Under other demographic conditions, these effects are suppressed. Enhancements and attenuations arising from specific demographic conditions for both the police response and criminal response models have a similar pattern, consistent with the underlying communication hypothesis.     

法医遗传学研究新进展

法医遗传学经过近30年发展,已经形成了一套系统的理论和技术体系,相关技术和方法在实际工作中发挥着重要作用。随着实际应用需求的变化和相关基础学科研究的进展,法医遗传学的研究也出现了新变化。本文针对法医遗传学领域的研究进展和发展趋势进行综述,希望能对相关研究和实践提供参考和借鉴。     

GENE-BASED EVOLUTIONARY THEORIES IN CRIMINOLOGY *

In the past 20 years, several theories of criminal (and antisocial) behavior have been proposed from an evolutionary perspective, some of which specifically stipulate that people vary in their genetic dispositions toward criminality. It is these theories, herein called gene-based evolutionary theories, that are the focus of this article. Two categories of gene-based evolutionary theories are described. One category is crime specific, pertaining to the offenses of rape, spousal assault/murder, and child abuse neglect. The second category consists of two general theories of criminal and antisocial behavior: the cheater (or cad vs. dad) theory, and the r/K theory. In addition to assuming that genes contribute to variation in criminal (and antisocial) behavior, all five of these theories assume that natural selection has acted on human populations to open up reproductive niches for individuals and groups who victimize others. While the theories are still far too new to have been fully tested, we derive some of the most obvious hypotheses from each theory and explore the relevant empirical evidence. We show that while gene-based evolutionary theories open make predictions similar to strictly environmental theories, they also lead to unique hypotheses, several of which have at least some support.     

The impact of nonprogrammatic factors on criminal‐justice interventions

Purpose. Palmer (1995) drew attention to a distinction between ‘programmatic’ and ‘non‐programmatic’ aspects of criminal justice interventions. While a considerable amount of research has accumulated on the former, the latter by comparison remains under‐researched. Nevertheless some advances have been made and the present article identifies the key components of this. Methods. Following analysis of the concepts forwarded by Palmer, a methodical comparison is made between his findings on programmatic elements and those of two other major groups of meta‐analytic findings from this area. This provides further opportunity for testing of the Risk‐Needs‐Responsivity (RNR) model and an evaluation is offered of its current status in synthesizing relevant knowledge. A parallel set of comparisons is then drawn with respect to non‐programmatic factors and the paper considers the level of agreement between separate reviews of that knowledge base. This directs attention to a number of instances of intervention ‘failure’ which can be explained by insufficient attention to non‐programmatic issues. Results. There is a generally high level of agreement between the three sets of data surveyed. There is not a complete consensus however, caused not by disagreement between data sets but by gaps in the types and range of evidence assembled. There are larger gaps remaining on non‐programmatic factors and the nature and extent of those is described. There is also discussion of some objections and proposed alternatives to RNR, and to some conceptual confusions arising from them. Conclusions. The present state of knowledge on criminal justice interventions is a ‘work in progress’ but nevertheless can provide firm guidance on the design of such interventions, highlighting areas in which much further work is needed.     

Forensic Analysis of mtDNA Haplotypes from Two Rural Communities in Haiti Reflects Their Population History

Abstract: Very little genetic data exist on Haitians, an estimated 1.2 million of whom, not including illegal immigrants, reside in the United States. The absence of genetic data on a population of this size reduces the discriminatory power of criminal and missing‐person DNA databases in the United States and Caribbean. We present a forensic population study that provides the first genetic data set for Haiti. This study uses hypervariable segment one (HVS‐1) mitochondrial DNA (mtDNA) nucleotide sequences from 291 subjects primarily from rural areas of northern and southern Haiti, where admixture would be minimal. Our results showed that the African maternal genetic component of Haitians had slightly higher West‐Central African admixture than African‐Americans and Dominicans, but considerably less than Afro‐Brazilians. These results lay the foundation for further forensic genetics studies in the Haitian population and serve as a model for forensic mtDNA identification of individuals in other isolated or rural communities.     

Teaching controversial issues in criminal justice: Using historical material to overcome student resistance

Although the teaching of controversial issues in criminal justice can be a lively and rewarding experience, it can also be extremely challenging. Unlike subject matter in other disciplines, the subject matter of criminal justice is to some extent familiar to most reasonably well-informed citizens. Thus students in criminal justice classes will possess an awareness of many of the discipline's controversial issues, such as the value of capital punishment and the utility of the Miranda rules, and have their own views regarding these issues. Unfortunately, many of these views are strongly held, and students are sometimes unreceptive to critical examination of such issues because of the strength of their convictions. This paper describes an approach to overcome this obstacle to critical scrutiny of controversial issues in criminal justice. The general approach relies upon the use of historical material as a tool to make it easier for the student to master the important problems, concepts, and data which pertain to current justice system controversies.     

THE STRUCTURAL SIMILARITY OF PROCESSES GENERATING CRIMINAL AND ANALOGOUS BEHAVIORS*

It is possible to distinguish between broad-domain theories that offer an explanation for all phenomena of interest to a discipline and narrow-domain theories that attempt to explain a subset of those phenomena. In criminology, this distinction has prompted theorists and researchers to confront the question of whether the same etiological process can explain variation in all types of criminal offending behavior or whether it will be necessary to adopt different theories to explain variation in different kinds of criminal behavior. One broad-domain theory, advanced by Gottfredson and Hirschi (1990), contends that a variable called “self-control” can account for variation in all kinds of criminal conduct as well as variation in many acts that are “analogous” to crime in some ways but are not actually criminal. Analogous behaviors include, among other things, smoking, drinking, involvement in accidents, gambling, and loitering. Using data from the Cambridge Study in Delinquent Development (N = 369 males), we attempt to define operationally the concept of self-control with a set of variables measured at ages 8–9. We then examine the empirical association between this self-control measure and self-reported involvement in a variety of criminal and analogous acts during adolescence. In support of Gottfredson and Hirschi's position, our results indicate that self-control is associated with both outcomes and that the strength of the association is approximately equal. Contrary to the expectations of their theory, however, was our finding that the covariance between criminal and analogous behaviors could not be explained entirely by variations in self-control. This finding suggests that factors other than time-stable differences in criminal propensity do matter for criminal and legal, but, risky behaviors.     

Punishment justifications in rape cases: a community study

Norway is one of the countries with the most progressive criminal justice systems in the Western world. Traditionally, the Norwegian criminal justice system has been mainly based on treatment and deterrence perspectives. While it is believed that criminal justice practices should be in accordance with public attitudes, few studies in Scandinavia have investigated public attitudes towards criminal justice sanctions in a methodologically sound manner. The current study is the first to investigate the attitudes of the Norwegian public towards punishment of rapists. In a Norwegian community sample (N = 475) from 2005, participants found the typical sentencing severity of a convicted rapist too lenient. The participants did report that as a global sentencing orientation, they preferred incapacitation. When presented with a specific rape case, their sentencing judgements were oriented towards both incapacitation and retribution, but their global orientation were not related to their specific judgements. Aggravating circumstances (e.g. violence was used) were found to influence the participants’ judgements more than when no aggravating circumstances were present (e.g. no violence was used). Few gender or educational differences were found, which indicates that these attitudes towards punishment of rapists are quite consistent across demographical groups.     

The gender gap in capital punishment attitudes: An analysis of support and opposition

This study examines the gender gap in attitudes toward the death penalty, including attention to global versus specific measures. The study is based on a survey in Tennessee of attitudes toward crime and criminal justice. Specifically, the study examines male and female global attitudes, attitudes toward a life without parole option, reasons that supporters and opponents give for their views, and how specific factors might change the level of support for or opposition to capital punishment. Although majorities of both genders favor capital punishment, important differences exist. Implications are discussed. An earlier version of this study was presented at the 1999 Annual Meeting of the Southern Criminal Justice Association in Chattanooga, Tennessee. Dr. John Paul Wright was instrumental in conducting the Tennessee Crime Survey, the source of the data used in this study.     

Law, Politics, and Violence Against Women: A Case Study of Palestinians in Israel

Major controversies regarding the value of legal and policy reforms have accompanied research on wife battering and social reactions to it. The present study examines the utility of law enforcement and emphasizes the relationship between gender, culture, and politics. It points to the difficulties arising from the shift from private, traditional methods of dealing with violence against women to a more public approach characterized by intervention of the state and the criminal justice system. In this connection, it was hypothesized that enforcement of the Israeli Law Against Family Violence among the oppressed and discriminated Palestinian minority generates new conflicts within the group, exacerbating control and abuse and re-victimizing women. Social control agents (formal and informal) who were interviewed about their perceptions and attitudes regarding the applicability of such a law pointed to obstacles created by sociocultural variables, the political legacy and procedural barriers. An attempt is made to show that application of the law without prior preparation and understanding of its sociocultural and political ramifications may produce adverse effects at the victim's expense. That is, unless power struggles, cultural pressures, and political priorities are taken into consideration, criminal strategies that seek to eliminate abuse may prove to be dangerous.     

The effects of criminal justice pedagogy on student attitudes

To determine the effects of an introductory criminal justice course on the attitudes of students toward the police, questionnaires were given in the first week of the semester to 425 students enrolled in Introduction to Criminal Justice courses and to 301 students enrolled in Introduction to Sociology courses. The survey was then readministered in the final week of the semester. The data reveal that while significant initial differences existed in orientation among the various student groupings, there was no significant change in attitudes between the pretest and posttest measurements.     

Construing Motive in Videotaped Killings: The Role of Jurors' Attitudes Toward the Death Penalty

Death-qualified jurors are generally able to impose the death penalty, whereas excludable jurors are generally either unable or unwilling to do so. A long line of research studies has shown that the former are more likely than the latter to convict criminal defendants. Ellsworth (1993) argues that jurors' attitudes toward the death penalty predict verdicts because they are embedded in a cluster of beliefs and theories about the criminal justice system. Her studies show that jurors interpret ambiguous conduct based on these belief structures. The present study examines the possibility that death penalty attitudes also influence jurors' conceptions of criminal intent. We showed mock jurors the filmed murder of a convenience store clerk and examined the inferences they drew from this evidence. Jurors who favored the death penalty tended to read criminal intent into the defendant's actions and jurors who opposed the death penalty were less likely to do so. These data provide further explanation of the conviction-proneness of death-qualified jurors.