Genes and behaviour - exciting new science or neurobollocks?
More research has been published on MAOA and another gene HTR2B and their link to violence in Finnish prison inmates. http://www.economist.com/news/science-and-technology/21629223-more-evidence-certain-versions-some-genes-can-encourage-violence-next?fsrc=scn/tw/te/pe/nextcanidate
MAOA was originally linked to violence through a Dutch family with several members incarcerated for violent crime who had essentially a non-active variant. The effect of the common variants of MAOA is much less dramatic, and the heritability of criminal behaviour generally is low. This should not be unexpected.
Do these revelations herald a new approach to the violent criminal? After all, it is common knowledge that some people are more volatile than others - indeed this variation is recognized by the common law, only to be dismissed as a basis for altering the threshold for provocation. Potentially genetic testing could be used as the basis for altering the test for loss of control (the statutory replacement for provocation) from objective to subjective.
The most likely outcome is that these tests might be used in sentencing hearings. Even there the potential is that this could be a double-edged sword. Judges might considered that these individuals either need more deterrence, or need to be kept out of society. Lawyers should tread carefully.
