ABSTRACT
This chapter discusses the use of behavioral genetics evidence in court and the impact it could and should have on sentencing. It investigates the prospects for a plea in mitigation at sentencing that claims that the offender has a genetic predisposition to engage in certain forms of behavior, which should be taken account of by a judge or jury, who is deliberating about the nature and/or severity of a sentence in respect of an offence that the offender has either been found guilty of, or pled guilty to. A specific case study is explored where a genetic low MAOA (monoamine oxidase A) activity profile in interaction with adverse early life events is argued to be linked to a given crime. The ethical ramifications of admitting or not admitting such evidence during sentencing are critically discussed.
