20th Annual IBA Transnational Crime Conference

17 May - 19 May 2017

Session information

Mad or bad? Exploring approaches across jurisdictions to ethical and practical questions surrounding genetic predisposition to crime and diminished capacity


Criminal Law Committee (Lead)
Criminal Law Section (Lead)
European Regional Forum (Lead)


This panel will discuss the different legal and practical approaches to these questions. Topics will include: • The practical and ethical implications of recent scientific findings associating certain genes with violent crime • The workings of traditional diminished capacity defences (including, cross-jurisdictional issues in cases involving extradition) • The realities of asserting a successful lack of capacity defence • Attitudes toward alcohol and drug induced states in diminished capacity cases • Socially constructed diminished capacity defences (eg, the recent affluenza case in the US)

Session / Workshop Chair(s)

Emily Maxwell Ughi e Nunziante, Milan, Italy; Website Officer, Business Crime Committee


Blair Berk Tarlow & Berk, Los Angeles, California, USA
Paulo Farinha Alves PLMJ, Lisbon, Portugal
Dina Mahdi Hadef & Partners, Abu Dhabi, United Arab Emirates
Adrian Waterman KC Matrix Law, London, England