Impact of Psychiatric Genetic Data on Civil Litigation and its Relationship with Stigma

Advances in psychiatric genetics are likely to offer major diagnostic and therapeutic benefits, but also legal and social-related risks, to individuals who were diagnosed with, or have a proclivity for, psychiatric disorders. In response, courts and policy-makers will have to ensure that psychiatric genetic data are used to promote, and not to obstruct, equality, justice, and social inclusion. However, few studies have queried how such data might impact judicial decision-making; none have explored this question in civil proceedings about parental rights, children's education, and responsibility for behavior in tort. This K01 proposes to study the impact of psychiatric genetic data on these 3 prominent areas of litigation and its relationship to stigma to better understand the implications of new discoveries in psychiatric genetics for law, society, and individual rights, and to inform policy-makers about this knowledge as they devise responses to these advances. The study's aims are: 1) To survey appellate court decisions in family law, education, and torts to determine the extent to which courts are considering psychiatric genetic data, and how they use such data in their decisions; 2) To investigate judicial views about the use of psychiatric genetic data and how such data may affect judges' and public perceptions of parental capacity, educational decisions, and civil responsibility for behavior in tort cases; and 3) To assess the association between psychiatric genetic data and stigma by studying if such data affect judges' and public perception of broader civil legal incapacity and treatment options, and the relationship to judicial bias against persons with psychiatric conditions. For Aim 1, I will use a mix of qualitative legal analysis and empirica methods. For Aim 2, I will use a vignette methodology, administered in 3 waves, with samples, respectively, of family court judges, parents, and state trial court judges and the jury-eligible general population. For Aim 3, I will use existing legal and sociological literature on psychiatric related stigma to develop measures of explicit stigma, and a computer-based measure designed to detect implicit bias, administered as part of the vignettes, to assess the relationships among psychiatric genetic data, judicial decisions, and stigma. Findings will be published in peer-reviewed medical, psychological and policy journals. Complementing these studies will be an intensive training program comprised of didactic courses, tailored training, clinical exposure at the NY State Psychiatric Institute, and mentored experience. My primary mentor Dr. Appelbaum, co-mentors Drs. Link and Ottman, collaborator, Dr. Phelan, biostatistician, Dr. Goldsmith, and consultant, Dr. Parens will train and monitor my progress as I attain my training goals to: 1) develop the skills necessary for conducting empirical research; 2) learn about the clinical aspects of psychiatric disorders; and 3) build and expand national and international professional collaborations with scholars in psychiatry, genetics, social sciences, bioethics, and law. This training will culminate in R01 grant submission to further study the intended and unintended consequences of psychiatric genetic data on law, equality, and social inclusion.