Neuroscience has taken center stage in two recent criminal court cases--one in Italy, the other in Chicago, IL. In the former case, a convicted murderer got a reduced sentence based on evidence concerning his low activity MAOA (see here for a brief discussion about MAOA). The case was discussed recently in Nature News. Here is an excerpt:
An Italian court has cut the sentence given to a convicted murderer by a year because he has genes linked to violent behaviour — the first time that behavioural genetics has affected a sentence passed by a European court. But researchers contacted by Nature have questioned whether the decision was based on sound science.
Abdelmalek Bayout, an Algerian citizen who has lived in Italy since 1993, admitted in 2007 to stabbing and killing Walter Felipe Novoa Perez on 10 March. Perez, a Colombian living in Italy, had, according to Bayout's testimony, insulted him over the kohl eye make-up the Algerian was wearing. Bayout, a Muslim, claims he wore the make-up for religious reasons.
During the trial, Bayout's lawyer, Tania Cattarossi, asked the court to take into account that her client may have been mentally ill at the time of the murder. After considering three psychiatric reports, the judge, Paolo Alessio Vernì, partially agreed that Bayout's psychiatric illness was a mitigating factor and sentenced him to 9 years and 2 months in prison — around three years less than Bayout would have received had he been deemed to be of sound mind.
But at an appeal hearing in May this year, Pier Valerio Reinotti, a judge of the Court of Appeal in Trieste, asked forensic scientists for a new independent psychiatric report to decide whether he should commute the sentence further.
The other case involved the sensational murder and rape trial of Brian Dugan--a particularly violent psychopath. Our own Kent Kiehl was an expert witness for the defense. Science Insider recently posted an article about the case. Here is an excerpt:
For what may be the first time, fMRI scans of brain activity have been used as evidence in the sentencing phase of a murder trial. Defense lawyers for an Illinois man convicted of raping and killing a 10-year-old girl used the scans to argue that their client should be spared the death penalty because he has a brain disorder.
The defendant, Brian Dugan, pleaded guilty in July to killing Jeanine Nicarico after kidnapping her from her home in 1983. (Prior to that, the Nicarico case had taken more turns than a hangman's knot, detailed in a 1998 book Victims of Justice). Dugan was already serving life sentences for two other murders, but prosecutors sought the death penalty for Nicarico's murder.
"Nobody thought we had any chance at all going in," says Steve Greenberg, the lead attorney for the defense. But the defense tried an unusual strategy: They argued that Dugan was born with a mental illness—psychopathy—that should be considered a mitigating factor because it impaired his ability to control his behavior. Dugan exhibits the antisocial behavior, inpulsivity, lack of remorse, and other characteristics of psychopathy in spades, says Kent Kiehl, a neuroscientist at the University of New Mexico, Albuquerque, and the Mind Research Network, who served as an expert witness for the defense. Dugan scored 37 out of 40 points on the standard diagnostic checklist for psychopathy, putting him in the 99.5th percentile, Kiehl says.
Kiehl conducts research on psychopathy in New Mexico state prisons in which he and colleagues collect life histories, anatomical brain scans, and fMRI scans of brain activity as inmates perform various tasks, including tests of moral reasoning. Using scanners at Northwestern University, Kiehl ran Dugan through a similar battery of tests. Kiehl testified that Dugan exhibited abnormalities similar to those he and others have reported in other psychopaths. Kiehl says he was careful not to stretch beyond what the data show. He didn't claim, for example, that the brain scans prove that Dugan committed his crimes as a result of a brain abnormality. "It's just one piece of evidence that his brain is different," he says.
[...]Although evidence of anatomical abnormalities in the brain has been introduced previously in the sentencing phase of murder cases, and PET scans have been used to show abnormalities in brain metabolism consistent with mental illness, the Dugan case may be a first for fMRI. "I don't know of any other cases where fMRI was used in that context," says Hank Greely, a professor at Stanford Law School and co-director of the MacArthur Foundation Law and Neuroscience Project. Greely notes that the standards for admitting evidence in sentencing hearings are less stringent than those for evidence used to establish a defendant's innocence or guilt. "The penalty phase of a capital case … is a special situation where the law bends over backwards to allow the convicted man to introduce just about any mitigating evidence."
As always, happy reading!