XYY SYNDROME AS A DEFENSE TO A CRIMINAL CHARGE

• NCJ Number: 14080
• Journal: Case and Comment Volume: 79 Issue: 3 Dated: (MAY-JUNE 1974) Pages: 3-4,6-7
• Author(s): P W LEWIS; D W PATTERSON
• Date Published: 1974
• Length: 4 pages
• Corporate Author: Lawyers Co-Operative Publishing Co
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE PRESENCE OF TWO 'Y' CHROMOSOMES IN A MALE DEFENDANT IS NOT LIKELY TO OVERCOME THE PRESUMPTION OF SANITY AND TO BE ACCEPTED AS AN AFFIRMATIVE DEFENSE TO AN AMERICAN CRIMINAL CHARGE, GIVEN THE STATE OF PRESENT KNOWLEDGE.

Abstract

THE XYY SYNDROME IS BRIEFLY EXPLAINED AND THE PRESENT RESEARCH RESULTS ON ITS EFFECTS ON AGGRESSIVE AND NON-AGGRESSIVE CRIMINAL BEHAVIOR ARE REVIEWED. ONE AUSTRALIAN AND ONE FRENCH CASE IN WHICH THE XYY ABNORMALITY RESULTED IN REDUCED CRIMINAL LIABILITY ARE NOTED. HOWEVER, THE AMERICAN LEGAL CRITERIA FOR THE AFFIRMATIVE DEFENSE OF LESSENED RESPONSIBILITY REQUIRES THAT THE DEFENDANT FULFILL ONE OF THE 'INSANITY' STANDARDS. WHILE INCREASED GENETIC KNOWLEDGE MIGHT SHOW A RELATIONSHIP BETWEEN XYY AND AN 'IRRESISTIBLE IMPULSE' RESULTING IN A CRIMINAL ACT, THE EFFECT OF A CHROMOSOME DEFECT ON THE ABILITY TO TELL RIGHT FROM WRONG IS MUCH LESS LIKELY TO BE ACCEPTED BY THE COURTS.