When Neurogenetics Hurts: Examining the Use of Neuroscience and Genetic Evidence in Sentencing Decisions Through Implicit Bias

Courts increasingly use neuroscience and genetic evidence (“neurogenetic evidence”) to shed light on various aspects of a defendant’s mental state and behavior. The evidence is particularly prevalent in cases involving defendants with mental illnesses and is used to determine issues of mental capacity, personal responsibility, and treatability. However, using neurogenetic evidence risks framing mental illness […]