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"Bad genes" & criminal responsibility.

María Isabel González-Tapia1, Ingrid Obsuth2

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The "warrior gene" (low-activity MAOA gene allele) shows consistent links to violence. This review examines its use in court for criminal responsibility, particularly in the US and Europe.

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Area of Science:

  • Behavioral genetics
  • Forensic psychology
  • Neuroscience

Background:

  • Antisocial behavior and violence have been linked to genetic factors.
  • Several candidate genes have been investigated for their association with these behaviors.
  • The MAOA gene, specifically its low-activity allele (the 'warrior gene'), has shown consistent correlations with aggression.

Purpose of the Study:

  • To comprehensively review and analyze the scientific evidence linking the MAOA gene to antisocial behavior.
  • To assess the current state of scientific consensus regarding this gene-behavior association.
  • To provide recommendations on the legal application of MAOA genotype information in criminal responsibility cases within European and US courts.

Main Methods:

  • Systematic literature review of genetic association studies.
  • Analysis of evidence for MAOA gene's link to violence and antisocial behavior.
  • Legal and ethical analysis of genetic evidence in judicial contexts.

Main Results:

  • The low-activity MAOA allele is the most consistently reported genetic factor associated with human violence and antisocial behavior.
  • Existing scientific evidence supports a link, but a universally accepted scientific consensus on its direct causal role in criminal behavior is still developing.
  • The admissibility and weight of MAOA genetic evidence in legal proceedings vary and require careful consideration.

Conclusions:

  • The MAOA gene's low-activity variant is a significant area of research in behavioral genetics.
  • Further research is needed to fully elucidate the complex gene-environment interactions influencing antisocial behavior.
  • Recommendations are proposed for the judicious use of MAOA genetic information in legal systems to avoid genetic determinism.