Views of judges and potential jurors on responsibility for behavior in tort litigation in the genomic era.

Audrey E Chao, Sarath Babu Krishna Murthy, Maya Sabatello
Author Information
  1. Audrey E Chao: 2020 Graduate of Columbia University Law School and School of Social Work, 435 West 116th Street, New York, NY 10027, USA.
  2. Sarath Babu Krishna Murthy: Director of Genomic Health & Informatics, Center for Precision Medicine and Genomics, Department of Medicine, Columbia University, 1150 St. Nicholas Avenue, New York, NY 10032, USA.
  3. Maya Sabatello: Associate Professor of Medical Sciences (in Medicine), Center for Precision Medicine and Genomics, Department of Medicine; Associate Professor of Medical Sciences (in Medical Humanities and Ethics), Division of Ethics, Department of Medical Humanities and Ethics; co-Director, Precision Medicine & Society Seminar Speaker/Workshop, Columbia University, 1150 St. Nicholas Avenue, New York, NY 10032, USA. ORCID

Abstract

The potential uses-and misuses-of psychiatric genetic evidence in litigation concerning defendants' responsibility for behavior has, to date, mostly focused on criminal justice. Yet the introduction of psychiatric genetic evidence in tort litigation raises old and new legal and social questions that merit consideration. We conducted a vignette-based survey of state trial court judges (n = 465) and potential jurors (n = 2131) to assess how psychiatric genetic evidence may affect views on civil responsibility and related decisions. Psychiatric genetic evidence had limited impact on judicial decisions, but increased perceptions of the subject's contractual incapabilities. Differences in judges' and jurors' views are highlighted, indicating tension between public sentiments and existing legal doctrine that disallows consideration of a person's psychiatric condition in assessing civil liability. Unexpectedly, jurors' gender impacted all case-related questions-the implications thereof are discussed. Future research can assess the role of education, legal training, and gender differences in judicial decision-making.

Keywords

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