My genes made me do it: Biological determinism and the law

A 2016 paper by Nita A. Farahany titled, "Neuroscience and behavioral genetics in US criminal law: an empirical analysis," looks at the recent development of relying heavily on neurobiological and genetic data for prosecution and defense in criminal hearings. In fact, over 1585 judicial opinions between 2005 and 2012 cited neurobiology or genetic factors. This does not focus on DNA fingerprinting to apprehend suspects, rather, it looks at the use of particular neurological disorders and genetic variations that might be associated with specific behaviors. One example is the Monoamine Oxidase A  or MAOA (pictured below) gene that, with environmental factors, is linked to increased and uncontrolled aggression.

This study found that the use and setting of employing these data in criminal proceedings varied by state, specifically with reference to the death penalty and differences in how insanity pleas are made. The shocking thing is that out of all the cases where these data are employed, only 15% of those actually included some form of brain scanning or genetic testing. This reliance on genetic determinism without proper recourse to testing and psychological evaluation can be potentially very dangerous to both those involved in these hearings as well as damaging to the public's perception of the roles of genes and neurology in human behavior.

https://academic.oup.com/jlb/article/2/3/485/1918085
Ryan McRae Potluck 2/11/20