Genetic studies on forensic-psychiatric inpatients? : Clinical, ethical and legal considerations

Abstract

Research on people deprived of liberty raises serious questions, especially concerning behavioral genetic studies. Does including criminally detained patients with mental disorders in genetic studies lead to again of new knowledge and can this be ethically and legally justified? Evaluation of existing literature and interdisciplinary reflection. After areview of research ethics and legal norms, we consider the benefits and risks of behavioral genetic research, taking the unique situation of test persons deprived of their liberty into account. The fundamental right to freedom of research also justifies foundational research in forensic psychiatry and psychotherapy. The possible future benefits of improving treatment plans must be weighed against the risks resulting from potential data leaks and inappropriate public reception of research results. Then we analyze possible threats to voluntary and informed consent to study participation in more detail by the ethical concept of vulnerability. Alongside problems with grasping complex issues, above all dependencies and power dynamics in the correctional system play apivotal role. Recommendations on the ethical and legal inclusion of this study population are given. Including criminally detained study participants can be ethically and legally justified when autonomous consent is supported by specific organizational and legal procedures and measures, for example via aclear professional and organizational separation of correction and research.