An Italian murderer’s jail sentence was recently reduced after brain scan proved that he had a mental disorder which was reduced to his genetic make-up

Can lawyers now ask their clients to plead that their genes made them commit a crime? Are we saying that we are reducing our actions to deterministic forces and that we do not have any free will?

These questions have been pertinent in the moral philosophy of genetics and this sentence is indeed historical. No actual direct genetic test was actually done but a presence of a so-called ‘warrior gene’ which caused low levels of what is known as MAOA gene activity was found. Now the warrior gene is found in many people and it is a remnant of defence mechanisms in human populations. Natural selection has probably toned down this gene as it is no longer relevant to survival in many societies. How much it can be related to crime is debatable.

Nevertheless we also need to ask the opposing question; given all other things being equal – such as upbringing, education environment etc – some people will still be more prone to certain traits than others: Eating, sport, perhaps libido, and one cannot exclude unsocial behaviour. For them, less environmental factors will be necessary to trigger off certain behaviours. So should we penalise all in the same way? Should people who are victims to these genes be punished as much as those who are not?

This is dangerous ground and removing or reducing sentences can remove the deterrent which in turn is in itself an environmental factor which affects our behaviour. One should notice that the sentence in this case was merely reduced and not removed. How much percentage we can remove and other factors to take into consideration remains something which I am sure future mathematicians/geneticists/ criminologists will work out.

But there is another worrying concept. People get out early from jail if they behave well. Although this has caused some local controversy recently, it is a just way of promoting behaviour in a place which should be oriented to reform rather than putting people away. If someone has this warrior gene, is it not legitimate to ask whether they have a reduced chance of having a clean behaviour record and thus remain more in jail. Naturally in such an environment this gene will probably be triggered off for mere survivability of the individual.

I would say that whilst it is tolerable to take into account one’s genetic make-up; the latter question will balance it out. These individuals, although not their fault, are more difficult to reform. And an environment where they can train to control their behaviour is a good one. We in fact started off by asking whether we are determined in our actions. There is no doubt that we are; but this does not mean the phenomenon of free will is not there. Even scientifically we say that colours do not really exist, as they are mere wavelengths and it takes a brain to ‘see’ colour; the phenomenon of colour perception is real and is a scientific fact as well. We cannot perhaps explain it, but it is there.

People who have an ‘active’ warrior gene have perhaps grown up in more difficult environments, and this too has been known to be taken into consideration. Now they must learn how to behave in an environment that actually ‘triggers’ (for want of a better word) that gene. Just as you have to train an alcoholic to live in a world which does not hide drink, and just as people who go to anger management have to learn to live in situations which trigger anger, it is probably good that sentences will not be reduced if they are not leading individuals to behave in this warrior environment (with no disrespect to the prison authorities…). Granted it will be more difficult for these individuals and perhaps they would consider it unfair; but as the saying goes – you like one thing, you have to hate another.

Pierre Mallia is Associate Professor in Family Medicine, Patients’ Rights and Bioethics at the University of Malta; he is also Ethics Advisor to the Medical Council of Malta. He is also former president of the Malta College of Family Doctors