Download Committee 3 When genes are responsible for an

Committee 3
When genes are responsible for an aggressive behavior
Brain research has discovered that genes control processes in our brain that might lead to an
aggressive behavior. What consequences does this knowledge have for jurisdiction? How should
people be treated that were identified to have a gene that makes them a potential violent
criminal?
Diseases can be genetically determined, and in the same way hereditary disposition also influences
human behavior. Genes store information that is read and transformed into corresponding products.
These act as messenger substances responsible for all bodily processes. As every person is genetically
unique, their genes decide how an individual perceives a situation and they are responsible for
different behaviors.
However, the DNA is not the only factor to influence a person’s characteristics. There are also
environmental factors that influence the production of messenger substances. Thus human behavior
can be changed externally so that it deviates from social norms. Decisive environmental influences
can be strong experiences in early childhood such as violence or neglect, as well as situations of
stress or shock later on. Moreover, nutrition and sleeping habits and environmental toxins play a
role.
Individual Freedom versus public security
When considering questions such as peaceful coexistence in society, it is of special interest to
identify those members who posses genes that are conducive to aggressive behavior. Scientists
found a variant of a gene on the X-chromosome which considerably lowers the inhibition threshold
for violence. As the gene is located on a gender chromosome, especially young males who have the
XY-genome tend to show outbreaks of violence. Women have the XX-genome and therefore possess
a corresponding “peaceful” gene on the second X-chromosome, which is usually stronger than the
variant that is conducive for aggression.
Still, can a person actually be obligated to exhibit his genetic disposition and how should we treat this
information? What is the weight of an individual’s rights compared to the rights of the general
public?
Confined Because of Genes?
As DNA is not the only factor to influence a person’s behavior, an obligatory genetic test for
everybody would unduly discriminate people with genetic aggression potential. Preventive
confinement is out of question. However, if someone acts violently and an analysis proves that a
specific gene is responsible for aggressive behavior, how should this person be treated?
If only the genetic material were to be hold accountable for human behavior, punishment and
educational measures would be without effect. Instead, a genetic therapy would have to be applied.
However, this would not take into account the free will of every human being and would exclude the
possibility that the person concerned can learn to live with his hereditary disposition. Moreover, the
treatment of a person against his own will needs further legal clarification – confinement institutions
might be the only way to quickly deal with such people.
Confining people without any prospect of rehabilitation, however, is hardly compatible with
European laws and the right to human dignity and individual freedom.
Autorin: Maren Peters