The pace of research into genetic factors that may influence how we think and act has increased drastically in the last few years. For example, scientists are trying to determine how genetic factors make some people more susceptible to disorders like schizophrenia, depression and alcoholism. They also are exploring the contributions of genes to certain personality traits, like shyness and impulsiveness. Although some forms of mental illness have a strong hereditary component, scientists currently believe that they, like the vast majority of human behaviors and traits, reflect a complex mix of genetics and the environment. It is unlikely that they will discover single genetic mutations that determine such characteristics as intelligence or that fully account for why some people become aggressive or violent. It is some time in the future and Joe Schmoe has been charged with assault and battery. The evidence supporting his guilt is overwhelming and he pleads guilty. In preparation for his sentencing hearing, Joeâ€
s lawyer asks him to undergo a series of genetic tests to determine whether he carries any of four genetic mutations that scientists have associated with violent behavior. The tests, while controversial, show that Joeâ€s DNA does, in fact, contain all four mutations. Based on these results, Joeâ€s lawyer will argue that Joe should be sent to a psychiatric facility rather than to state prison. He claims that because Joeâ€s genetic status predisposed him to this violent act, it would be unfair to sentence him as a criminal for behavior over which he had essentially no control.
If you were the judge at Joeâ€s sentencing hearing, would the results of this controversial genetic test influence your decision? Why?
If a defendantâ€s mother or father has a history of criminal offenses, would you consider this? Why?
If Joe gets sent to prison and tries to get released on parole, should the fact that he may have a genetic predisposition to violent behavior be used to keep him in prison, even if his behavior has been consistently good during his incarceration? Why?
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