Should genetic flaws be a reason for lessened sentence for a crime? It is a fundamental issue in forensic mental health.
Indeed, some types of genetic variations are known for a background of violent crimes. For example, MAO-A gene is proven to have a critical role in reactive aggression.
Actually, in some countries, lawyers seem successful to gain a shorter sentence for a criminal with genetic factors.
International Business Times: The crime gene: Should bad genetics mean a shorter sentence for criminals?
It is surprising for me as it has never been discussed in Japan. Instead, in Japan, some criminal cases committed by a man who had Klinefelter syndrome were focused. The court sentence did account the influence of genetic factor of the defendant.
If some kinds of genes are responsible for crimes, as it is not a so fantastic hypothesis, criminals should not be responsible for their genes. On the other hand, there are many many factors which potentially bring us to a crime other than genes. Like poverty, low intelligence, and influence of parents, there are many factors we cannot control. Should they also accountable for factors to mitigate the sentence? It seems difficult.
Gene criminology is not established as an academic region. It was often argued, and sometimes discriminated. An open-minded discussion is required. But we should not jump to conclusion so rapidly.