Behavioural Genetics in the Context of Proof Within Civil Procedure

Abstract

Since being established as a separate branch of scientific knowledge, behavioural genetics has raised many ethical, legal and social questions. The identification of the genetic origins of behaviour is expanding beyond the scientific field into socially relevant areas such as justice, education and health care. The development of new techniques and analytical approaches, including genome sequencing, non-invasive prenatal testing and optogenetics, has clearly changed the direction of further development of behavioural genetics. This has also transformed the legal and social contexts of biomedical research analysed in this article. The author discusses the expanded scope of behavioural genetics which has become prominent in many countries. The author further focuses on the ethical, legal, social and political issues raised by the potential application of behavioural genetics used for evidentiary purposes in legal proceedings. The author draws the conclusion that behavioural genetics and behavioural genetic evidence are of significant value in determining circumstances relevant to a given case, thus assisting the court in coming to a legitimate and well-reasoned decision. By examining specific categories of cases (civil torts and guardianship cases), the author shows how the application of behavioural genetics can ensure that the rights of certain vulnerable groups (juveniles and persons with mental health problems) are adequately protected.