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In recent years research has found more and more evidence of genetic determinism. i.e. certain types of brains are more prone to violent behavior. Psychopaths also have a certain brain "signature" [1]

I wonder if the legal system recognizes genetic determinism as a mitigating factor in violent crimes. If I were a defense attorney in a no-win scenario, I'd probably try this defense. Ah..will probably spend the rest of the night researching [2]

1. http://www.smithsonianmag.com/science-nature/the-neuroscient...

2. https://www.google.com/webhp?sourceid=chrome-instant&ion=1&e...



There was a great episode on radiolab about this: http://www.radiolab.org/story/317421-blame/

On segment of the show is about a man whose self control is impacted due to some mental disorder. The question is: Should he be treated more leniently because it's not his fault, but his brain's? The conclusion, that I have to agree with is: Of course not! You ARE your brain.


Genetic determinism would not be a mitigating factor for violent crimes. Look at the main theories for criminal sentencing (https://en.wikipedia.org/wiki/Theory_of_justice#Theories_of_...):

1. Retribution - nope; predisposition to crime doesn't change the appropriate retribution for the act;

2. Deterrence - nope; if we believe in deterrence then we definitely do not want people predisposed to crime to feel that they might get off lightly because of that; those people would be the prime "focus group" of deterrence that'd be threatened to keep their violent tendencies in check or suffer harsh consequences.

3. Rehabilitation - it depends; are the brain factors making you prone to violent behavior curable ? It might change the nature of appropriate punishment from imprisonment towards forcible curing = brain modification; but it's not really a mitigating factor there, more like an agravating one that requires more/different rehabilitation.

4. Incapacitation - it's an aggravating factor in that case; if you're genetically predisposed to violent crime, then according to incapacitation doctrine you should be isolated from society more/longer than someone who is less likely to reoffend.

5. Reparation - nope; no effect.

6. Denunciation - okay, for this theory it would be a mitigating factor. However, denunciation is generally applied to nonviolent crimes (ethics/morals issues); for murder generally we focus on combination deterrence, rehabilitation and incapacitation.


Brain structure differences do not necessarily imply genetic determinism.


Don't forget XYY (http://en.wikipedia.org/wiki/XYY_syndrome#1960s)

A cautionary tale about drawing conclusions from small sample sizes.


predisposition to murder doesn't seem like a good reason to let someone go free


It's not his fault, he can't resist murdering! How could we imprison a man like that!


You want to think very, very, VERY carefully about the implications of "genetic determinism" before you go down that road.




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