Professor Deborah Denno of Fordham University Law School has published an article in the Michigan State Law Review concerning her research into the use of genetic evidence possibly related to behavior characteristics in criminal cases. Denno found that the primary use of this evidence was in death penalty cases at the penalty phase, and that it is almost always used as mitigation evidence. The article notes some of the dangers in this kind of evidence based on past use. Nevertheless, the author concludes that courts are accepting of this evidence, even though it does not determine the outcome of the case.

(D. Denno, “Courts’ Increasing Consideration of Behavioral Genetics Evidence in Criminal Cases: Results of a Longitudinal Study,” 2011 Michigan State Law Review 967; posted Aug. 22, 2012). See Law Reviews and Studies.