OCR Text |
Show THE DAILY UTAH 9"I"'B CHRONIC mm WM il " ourtroom: Proa ram Educa tes Judqes Genetics in U -- -- ."" ' -- :rlj : " - II : 1 1 , 1 I J The relationship between a person's genome and his or her behavior, privacy matterssuch as an employer gaining access to In the state of Delaware, Jeffrey Chase was an employee's genetic profile or an insurance client are on trial for killing his parents. His defense company not accepting a high-ris- k team used neurogenetic defense, claiming he issues that many Judges face when genetics had a gene mutation that made him unable to enter the courtroom. control his acts. However, not all judges are well prepared Surprisingly, the state found that Jeffrey for these sorts of cases. had a mutation that causes "Basically, these judges are very smart peochronic impulsiveness and violent discharges. ple that didn't take many biology classes," While this type of mutation does not cause says Lynn Jorde, U professor of genetics. In 1997, the Einstein Institute for Science, the traditional active insanity, it does cause an aberrant mental state closer to mental illness Health and the Courts (EINSHAC) held its than to mere personality disorders. first conference for educating judges about cases involving genetics. Since then, Jorde However, the court did not agree to reduce and Ray Gesteland, U vice president for his punishment, stating that Jeffrey's condition poised him to make his research, have been con criminal choices, but had ducting seminars through EINSHAC. Durham has also do him not predestined to so. been involved in creating these seminars for educatruled Judge Wisher DNA of the ing judges about genetics. against testing his parents to verify if the "Judges are expected to be disfunction was inherited. experts in everything. That is why I support programs To do so would violate the for educating judges. We family's privacy. need as much help as we There have been such as the State can get to stay current." v. Durham says. Jeffrey case, where underhave had to Federal funds support the judges stand the science behind program. When Congress a make to in genetics ruling gave funds to map out the the court. human genome, they set "In one way it's nothing aside a portion for the ethical and legal concerns that new, judges have been im& it -asked answer to would arise. repeatedly Christine Durham, scientific questions on EINSHAC holds seminars Utah Supreme Court justice for educating judges in difChristine trial," says ferent places in the world, Durham, Utah Supreme Court justice, ""but in another way the science The most recent one was in July 2001, in of genomics is so new, and so vast and comHawaii. Judges from different countries from foods attended. One conference was held in Utah in to plicated, genetically modifying about the of 1998. Jorde and Durham both participated in possibly learning relationship human genes and behavior." that conference. hyper-excitabilit- y, f ts many-inciden- mi m ill Stop to Ponder CARRIE ANDREW y Chronicle feature j Columnist When Martin Luther King Jr.'s birthday was first observed as a national legal holiday on Jan. 20, 1986, 1 was not complaining. My owrn birthday that year was the previous Saturday, and to my mind, a day off of school was the ultimate 1 didn't concern celebration. myself with who King birthday done said have to merit a national holior was or what he may day. For all I cared, he could have been a street vendor known for selling the best American frankfurters this side of Missouri. Apparently, though, the declaration of this national holiday which has been a special birthday bonus for as long as I've been in the public school system was quite controversial. It took 15 years for Congress and the president to ratify the bill proposing King's birthday, Jan. 15, as a holiday. It was first proposed by Rep. John Conyers, just four days h., scientists test ft.' : format The involves a lot of dialogue between judges and scientists about how science is done. They discuss how i (niirrti , '- . - -s r ... ill IT , MlkV L'. Ml u a hypothesis, which ' is very different from legal fact a inriinii U Professor Lynn Jorde educates judges about human genetics. finding, according to Durham. In each conference, typically between 75 The issues involved in human genetics arc and 100 judges and about 20 to 25 scientists likely in all fields of law, according to Durham. She uses bankruptcy as a field that attend. The topics range from basic lectures about may seem to not have much use for genetics. "But the judge might have to rule a claim of how genes instruct the body to form, grow and perform, and how genes are inherited. ownership in a company that did genetic testThey also address specific court situations, ing," Durham says. The use of an expert witness, like a genetilike a rape case where the accused rapist is suspected of having the gene associated with cist, for genetic cases is common in many courts. Huntington's disease. "Not only are expert witnesses) there to "The main point of it is to give the judges! some idea of what is going on in genetics in a explain, but they arc the only way the testing few days," Jorde says. can be turned into evidence," Durham says. in as an Jorde has appeared According to Jorde, however, the need for expert witness some court cases. One of these cases was the expert witnesses is decreasing. "What has happened now is that DNA is State v. Butterfield. In this case, Raymond Butterfield, the defendant, asked for the accepted. If a person matches a DNA sample, reversal of his convictions because the trial there is no other person who matches it." court improperly allowed the State to admit Jorde says. DNA evidence without showing that the sciGenetic testing has become like fingerentific principles and techniques used were printing, according to Jorde. reliable. Butterfield had objected to the use of "Now an expert like me usually won't get a new method for matching the DNA of the called, because there is nothing to argue." suspect to the DNA samples found in the Jorde says. At the 1998 EINSHAC conference held in crime scene. Butterexamined the results of the Jorde Utah, the feedback was extremely positive, field case when it reached an appeals court according to Durham. and testified that the probability of a random "I'd like the process of educating judges y individual's DNA matching that of the blood about genetics to become a a on Butterfield's undershirt was 215 billion to t. a than lifetime in once rather process, Durham says in many cases, the question is: event," she says. Was the underlying evidence reliable? hzaryounichron icle.uta h. edu - imirir irf - day-to-da- Martin Luthe r Kin12 Tr. Dav after King was assassinated in 1968. However, instituting a national holiday is no easy thing. Much of the opposition centered around the money that would be lost by not doing business that day and having to pay government employees a fair and legitimate concern in our capitalist society. Another item of concern was that it would be too close to the big Christmas and New Year's parties that are also nationally observed. 1 personally think Martin Luther King Jr. Day could not come at a more opportune time for college students. It rescues us right at that moment when the recharge we got from Winter Break is beginning to wane, and panic begins to set in. You know, the fear of the first quizzes and first papers of the semester. Ultimately, Congress agreed that it wasn't a bad time for a day off, especially considering that the third Mond?y in January often follows Super Bowl Sunday. But perhaps the most interesting argument against the holiday had to do with whether or not one individual should be singled out and honored in such a way. Historically, such an honor is generally extended only to leaders in the political and religious arenas, not those involved with social change. The eventual legalization of Martin Luther King Jr. Day may have merely been the result of a relentless lobbying effort 6 million petition signatures were submitted to Congress in and from that time forward, it was resubmitted each congressional session until it was ratified in 1983. What the holiday is, and what it has come to signify in the 15 years since its institution has a definite place and importance in our society. Considering that freedom, equality and a belief in bringing about positive social change in a nonviolent manner are core American values, it seems odd that it was uch a challenge to push the holiday through Congress. Martin Luther lung Jr. Day does single out and honor one individual man. A great man who dedicated his life to reminding all Americans of their own values, pointing to the Constitution and the Declaration of Independence and the "promise that all men, yes, black men as well as white men. would be guaranteed to the inalienable rights of life, liberty and the pursuit of happiness." It took 15 years to get through bureaucratic red tape, and now it is still necessary to remind ourselves that despite our differences, we are all equal and valuable. Thirty-thre- e, 50, 100, even 1,000 years after King's death, it is and will be appropriate to remember and celebrate the values and ideals that he stood for and tirelessly worked for. Freedom, equality and peace are human ideals. They are American ideals, and with hope, as we sleep in. relax or hit the slopes on Monday, we will take a moment to make them our individual ideals and work to make those ideals reality. Carrie welcomes feedback at candrcwchronjcle.utah,edu. 1970, CHRONICLE FEATURE EDITOR WYNNE PARRY WPARRYCHRONICLE.UTAH.EDU OPYi I - f:.. . "T HOMA ZARYOUNI Chronicle Feature Writer - T-- r": " T- T- !SS - . LE 581-704- 1 w ix U |