The "DNA Pardon": Murder Sentence Genetically Reduced

Gear up for Gattaca, as an Italian court has reduced a murderer's sentence to account for his genes.  Despite the fact the relevant genetic science isn't actually that advanced, the likely effects on the legal system, and the very real question of "Isn't that ass backwards?"

A Mr Bayout stabbed a man to death for insulting his eye make-up in 2007.  These facts are not in doubt, and have been admitted by Mr Bayout himself.  The standard twelve year term was reduced by three years because of "psychiatric illness", because when someone not only murders people for cosmetic reasons but is unbalanced and inclined towards doing it again, it's important to get them back on the street as soon as possible.  But then Judge Reinotti of the Italian Court of Appeal cut another year off the sentence because of a "genetic abnormality" causing our killer to have low-levels of metabolizing enzyme monoamine oxidase A (MOAO).

Studies show that low levels of MOAO in abused children can lead to violent behavior.  And other studies show the opposite, accounting for some of the infinity of other factors which could influence this.  And there's the fact that the entire science of behavioral genetics is nowhere near the point of being used in society and sentencing, unless you have lawyer who's throwing everything possible at a judge in order to reduce the conviction.

But even suppose you had a perfect genetic program which could pinpoint what a person will do (which would be a hell of a trick because genes don't even remotely work like that):  if your lawyer proves that your genes make you more likely to suddenly, insanely lose your mind and shove a knife into another human being until they die, that doesn't sound like something that should reduce your sentence.  If someone proves in a court of law that you cannot help but kill people, that your very genes lead to murder, wouldn't the only sane response is to make sure that your genes aren't walking around any more?

Luke McKinney

Sentence Reduced http://www.nature.com/news/2009/091030/full/news.2009.1050.html?s=news_rss

Comments

[Derrick]

The entire justice system is ass-backwards. Study after study shows that increased penalties, such as longer jail terms and the death penalty, don't reduce crime rates.
I think we should stop using jail as a deterrent (since it isn't a very effective deterrent to begin with), and instead reserve it for people (like this guy) who demonstrate that they are a danger to the public. Other people who commit a crime but are not a threat to public safety should have their movements continually monitored via GPS anklets and spend lots of time on community service - actually giving something back to the community instead of just being a drain on the public purse.
Any takers?

[Jerrell]

Derricks observation cannot withstand scientific scrutiny.In the limit, if all criminals were in prison long-term there would be no crime except in prison.I'm not saying this is what should happen....just that it denies Derrick's basis.

[Poseidon]

DNA pseudo-science is debasing the very word 'science'.

Behavioural psychology, such as developmental psychology is not as fancy sounding, but it shows that people with gender-confusion disorders, have their problems routed in their early childhood. If a person cannot distinguish his own gender correctly, then he is lying to himself on a deep and profound level - and such dissonance lurks in the subconscious waiting to pounce at a slight provocation : like a jeer at a man's eye make-up, reminds him of the early childhood abuse which is then projected onto whoever jeered him.

The subconscious/conscious distinction has absolutely no connection to biology and proves that the mind and the body are distinct from one another.

However admitting early childhood trauma is something people run away from. Its easier to just say: "DNA made me do it", and that is no better than "the devil made me do it".

The war on drugs criminalizes innocent youngsters at an alarming rate, and is the single biggest cause of criminal behaviour in the world today. Just as DNA or the devil does not control your mind, so neither does drugs or alcohol : unless you have already decided they do. Its called the placebo effect.

Telling people that smkoing herbs makes you 'schizophrenic' is constructing the psyche to actually become such. Telling people 'drugs cause crime' alienates youngsters, makes them anti-social and makes them more likely to commit crime.