HEREDITY AND CRIME: BAD GENES OR BAD RESEARCH?*

This review of the research literature on the heritability of criminal behavior organizes the studies by four basic research methodologies: family studies, twin studies, adoption studies, and gene-environment interaction studies. Interpretation of the relationships observed in these studies is made ambiguous and problematic by critical methodological inadequacies in the research itself: The methodological Jaws notwithstanding, the research evidence does seem to suggest the existence of a fairly consistent relationship between heredity and criminal behavior. Recommendations concerning the future direction of research in this area are discussed.     

THE IMPACT OF STATE MENTAL HOSPITAL DEINSTITUTIONALIZATION ON COMMITMENTS FOR INCOMPETENCY TO STAND TRIAL*

Previous studies have reported that state mental hospital deinstitutional-ization has resulted in the criminalization of the mentally ill. Utilizing two samples of defendants found incompetent to stand trial (IST) pre- and post-deinstitutionalization, selected from three states, this study examines the correlation between the rate of deinstitutionalization and increases in the frequency of incompetency commitments, as well as changes in the characteristics of incompetent defendants. These data suggest that increases in IST commitments and the mental health histories of the post-deinstitutional cohort are positively related to deinstitutionalization. Contrary to the criminalization hypothesis, there is no evidence that incompetent defendants are now being arrested for less serious offenses.     

Darker Legacies of Law in Europe. The Shadow of National Socialism and Fascism over Europe and Its Legal Traditions

Eds. Christian Joerges and Navraj Singh Ghaleigh. With a Prologue by Michael Stolleis and an Epilogue by Joseph H. H. Weiler. Oxford: Hart. 2003. Pp. 416.