Genetic Factors and Criminal Behavior: Strategies for Mitigating Punishment in Light of Biological Evidence

The utilization of genetic information of defendants in criminal courts is now increasing. Several specific genes have been identified so far, and their association with antisocial behaviors has been investigated and documented. In this article, we have focused on a gene called the "violence gene" or the low-activity variant of the MAOA gene, as this gene has been consistently linked to human behavior, particularly violence and antisocial behaviors.

In this article, three objectives are examined: First, to analyze the existing scientific evidence in this field, to gain a deep understanding of the status of the violence gene and determine whether a predominant and accepted scientific view can be declared in this domain or not. Second, to extract the findings and provide recommendations regarding the use of genetic information, particularly the presence of the low-activity MAOA gene variant. Third, to explore the potential for mitigation of punishment for a defendant possessing the low-activity MAOA gene variant and a history of childhood maltreatment, based on Article 38, Clause C, which pertains to anger resulting from provocation by the victim. The findings from scientific studies have indicated that while the low-activity MAOA allele in interaction with childhood maltreatment and neglect cannot serve as an insanity defense leading to the acquittal of an individual with this interaction, it does provide the necessary capacity for mitigating the punishment of a defendant possessing this personality interaction.