Inherited Characteristics and Criminal Justice: Part 2

As explained in an earlier post, epigenetic research is the study of inherited characteristics which are not part of a person’s DNA. Recently, this research has shown that environmental factors can alter the way that our genes are expressed and that these expressions can then be passed on to our offspring, possibly lasting for multiple generations.

So how does this relate to criminal law? In most serious criminal cases, a good defense attorney will present the jury with evidence regarding mitigating circumstances pertaining to the alleged crime.  These mitigating circumstances are not offered to excuse the criminal act, but affect what sentences may fairly be imposed.  For example, during the penalty phase of a death penalty case where a man has been convicted of murder, a defense attorney may introduce evidence showing that the defendant was born prematurely or suffered fetal alcohol syndrome, was severely neglected or abused as a child, was molested, suffered physical head trauma, has a longstanding mental illness, suffers from post traumatic stress disorder, etc.  A jury then weighs these factors against the aggravating circumstances (statutory factors described by a legislature) and decides what type of punishment is appropriate. Mitigating circumstances are extremely important to consider since, in most cases, these (horrific) details humanize the defendant, provide valuable insight into why they committed the crime, and illuminate whether they had the capacity to appreciate their actions. If presented properly, mitigation can be the deciding factor between a life and a death sentence for a defendant.

Epigenetic research could play a huge role in mitigation in the future.  With evidence showing that the effect of trauma can be multigenerational, defense attorneys will be able to use science to show juries a link between environmental and traumatic events in the defendant’s parents’ life — and how the impact of these events became an inherited characteristic which affected the defendant’s life, perhaps ultimately contributing to the commission of the alleged crime.