Merely a few decades ago, DNA testing was introduced in courts to match the blood on suspect’s clothing with that found in the vicinity of crime. Such tests made justice easier, faster, and hopefully, accurate.
Science progressed and many overenthusiastic scientists found genetic combinations likely to result in criminal behavior. The operative word here is “likely”.
Lawyers defending chemical companies in “toxic tort” cases successfully utilized such genetic possibilities to deny plaintiffs any relief. To be fair, there are unscrupulous people who wrongly squeezed out moneys from such companies.
That brings the issue back to where it was. Is it fair to admit genetic evidences such as "genetic predisposition towards crime" as grounds for acquitting a criminal? Is the method of determining “genetic predisposition to crime” foolproof? Can a person who is genetically predisposed to criminal behavior not be made socially responsible? Can a person who is genetically predisposed to crime not premeditate and commit crime? What is the ratio of population with such inherited behavior? Should these people be condoned for what they do to the rest of the population? If so, why not condone a criminal who has shown fewer lapses during the lifetime due to some social injustices? What are the types of genetics based tests that may be admitted and accepted by the jury and the judge, and why? Is genetic predisposition or lack of it a valid ground for condemning a person without fair trial? Should jury accept the inherited urge of a person to do wrong and be compassionate towards the defendant instead of plaintiff, who is wronged? How and when should this trait be observed, and monitored? Is testifying with free will on the way out? And many such questions, for which there are no clear-cut answers as of now.
As the costs of genetic testing is comes down, more and more defense will be based on manipulating the genetic evidence. Admitting such evidence and acquitting an accused solely on basis of such evidence may tatter the very fabric of justice, which is primarily meant to uphold social equity, and reduce crime rates.
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