This article addresses only one issue, one which our judicial system ultimately must address: the criminal responsibility one will bear for committing a crime when the actions are determined by the actor's genetic make-up. Part I of the article traces the roots of genetic research from Darwinism to eugenics and Nazi racial purity theories. Part II reviews theories and studies which support the concept of genetic influence on social, particularly criminal, behavior. Part III considers the impact of the genetic revolution on our criminal justice system with special emphasis on the effect on our system's fundamental concept of free will. Part IV discusses a defendant's defense to commission of crime(s) based on genetic determinism. Possible responses including alternative penalties are also discussed. Finally, Part V concludes the article.
Genetic Technology and Its Impact on Culpability for Criminal Actions ,
46 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol46/iss3/4