Debating Genetics as a Predictor of Criminal Offending and Sentencing

By Jeremy W. Wilson
2011, Vol. 3 No. 11 | pg. 1/2 |

Since the beginning of criminological research there has been an ongoing debate on the correlation between genetic characteristics and criminal behavior. There have been numerous studies and experiments conducted to help eliminate some of the unknowns related to the field of biological criminology and genetics. Genetic mutations have been disregarded as a consideration when developing guidelines for the causes of criminal behavior and determining the level of involved.

Recent studies in behavioral genetics indicate that some violent criminals are genetically predisposed to violent behavior. One study has found that a mutation in the structural gene for monoamine oxidase A gives rise to an acute build-up of neurotransmitters associated with the body’s ‘fight or flight’ responses to stressful situations (Evansburg 2001). Many criminologists do not totally disregard genetic characteristics as a means of determining who will commit crimes but they do believe that “a genetic disorder may predispose an individual to aggressive behavior [but] cannot cause that individual to commit a violent crime” (Evansburg 2001).

Criminologists who once believed that genetics was a sole indication that would dictate a person’s criminal tendencies are now being discounted as more recent and logical studies are being conducted. In many cases these outdated data are being looked upon as being bad or biased research. As the popularity of the idea of using genetics as a means of predicting criminal behavior has decreased, the realization that genetics may in fact play a role in criminal offending is on the increase. “Mendel established the foundations for modern genetics in a paper that was ignored for 35 years.”

This idea does not necessarily afford criminologists the ability to determine from birth whether or not a person is going to be a delinquent youth or even a criminal offender later in life. It does, however, pose the question of to what degree of impact, if any, a person’s genetic makeup has on their likelihood of becoming criminal. Some criminologists indicate that genetics have little to no affect on criminal behavior but rather estimated levels of self-control identify potential criminal behavior. For instance, “Gottfredson and Hirschi (1990, p.97) are clear in their assertion that ‘ineffective child rearing’ is the ‘major’ cause of low self-control” (Unnever, Cullen, and Pratt, 2003). Gottfredson and Hirschi clearly downplay the possibility that low self-control has a genetic/biological component. For example, after careful analysis of adoption studies, they argue that this research provided “strong evidence that the inheritance of criminality is minimal . . . We conclude that the ‘genetic effect’ . . . is near zero” (p. 60). Unnever, Cullen, and Pratt (2003) examine the impact of attention deficit hyperactivity disorder (ADHD) on self-control and delinquency and reviewed Gottfredson and Hirschi’s general theory of .

Some criminologists argue that certain body types were not only associated with, but actually responsible for, the of specific personality styles and temperaments (Walters and White). This would mean that the mere physical structure of a person’s body could predict whether or not that person was a criminal offender or was going to become one later in life. However, many criminologists who believe that the genetic make up of a person is a positive predictor to criminal behavior admit that it involves more than just simply looking at a person and labeling them as a criminal. Genetics is a give and take subject when dealing with criminology. According to research conducted by Walters and White, genetic factors are undoubtedly correlated with various measures of criminality. They also go on to say that genetic research on crime must be better organized theoretically and until methodological improvements are made and a coherent theoretical framework found . . . little progress is anticipated in the effort to determine whether genes play a meaningful role in the evolution of criminal behavior.

Those who feel as if people with genetic disorders and mutations are inferior to the rest of the human race associate themselves with Eugenic theories. Eugenicist criminologists such as Earnest A. Hooton believed that the elimination of people who have unfavorable genetic characteristics would improve the human species. Hooton also believed that criminals belonged to a class of hereditary degenerates. Those who endorse eugenics consider themselves superior to the dysgenic; they must be able to identify (but not identify with) the inferiors whom they hold responsible for social problems (Rafter, 2004). For the most p eugenic criminology existed during the nineteenth century but gradually began to diminished in popularity soon after. In recent years however, the idea of genetics and biological criminology has started to reemerge and have a presence in modern research studies. Akers (1994) examined the relationship between “biology” and crime and concluded that the evidence supporting such a link was weak (Wood et al, 1997).

Depression has long been a focal point of criminological research. Criminologists have been asking the question of whether or not depression has a direct affect on a person’s likelihood of participating in criminal behavior. Once this question has been asked, it poses a new question; is depression inherited through genetics? Strain theorists like Robert Agnew, claim that law violation helps reduce depression by serving as a coping mechanism. This concept would classify depression as a disorder brought on by and controlled by external conditions, disregarding the idea of depression as a genetic, or internal, characteristic. “Psychologists have proposed a link between antisocial behavior and theoretical physiological systems within the brain that are presumed to modulate impulse expression” (Gray, 1977), shedding new light on the psychological, internal characteristics behind aggressive and non-aggressive criminal behavior. “Researchers at Johns Hopkins University . . . have reported highly aggressive behavior in mice that were genetically engineered to lack the brain chemical nitric acid synthase (nNOS) . . . the nNOS deficient mice initiated three to four times as many aggressive encounters as normal mice, and displayed only one-tenth as much submissive behavior as normal mice” (Evansburg, 2001). When a researcher uses terms such as “normal” in data collected through an experiment, it always opens the results to criticism and questions are raised as to what is meant by “normal.” One’s idea of what is “normal” is often drastically different than another’s, resulting in confusion and lack of confidence in the reliability of the research.

Some arguments concerning the correlation between genetics and criminal behavior have been spurred by unfounded claims. Criminologists have gone so far as to argue that racial and ethnic characteristics can predict whether or not a person will be criminally active. These statements are typically derived from studying statistical data collected from various sources. Social structure theorists counter these claims by saying these data are inconclusive on the grounds that members of ethnic and racial minority groups and members of lower class society, are more likely to be arrested for the same crimes that are committed by those who are white and members of upper class society.

“Blacks and Hispanics who had been stopped [by police] were more likely than were whites to report that they had been ticketed, arrested, handcuffed, or searched by police officers, and they were also more likely to say that officers had threatened or used force against them” (Weitzer and Tuch, 2002). These types of research are usually based on quantitative rather than qualitative research, which is more likely to create biased results from the researcher conducting the study. Using race and ethnicity to argue that genetics is directly correlated to criminal behavior has been viewed as a naive and inadequate conclusion and regarded among many criminologists as unreliable sources for collecting scientific data.

The number of criminologist that do not believe that a person’s genetic characteristics have a significant enough impact to be seriously considered when predicting criminal behavior have always outnumbered those who do believe genetics plays a significant role. In the case of Gottfredson and Hirschi, they adamantly deny that biology exerts any direct effect on criminal behavior, saying that “correlations between biology and crime… if statistically significant would be substantively trivial, and [there is] strong evidence that the inheritance of criminality is minimal [and any] ‘genetic effect’ is near zero” (Cauffman et al, 2005). On the other hand, deficits in the medial and lateral areas of the prefrontal lobe [which can be a genetic mutation] are frequently observed among subjects with disruptive behavior disorders, such as conduct disorder and attention deficit/hyperactivity disorder (ADHD). This indicates that there is both direct and indirect evidence that problematic frontal lobe functioning is linked to disruptive behavior disorders in childhood and delinquent and criminal behavior in adolescence and adulthood (Cauffman et al, 2005).