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.
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