ethical issues Flashcards
francis galton and intro
Francis Galton, a Victorian scientist, initiated eugenics, which was an attempt to use the study of innate differences of the human species to improve genetic quality and promote “better breeding”. This study was based on early scientific misunderstandings of heredity, Darwinian evolution, and Mendelian genetics, and scientists believed that a single “good” or “bad” gene passed down through a family lineage caused certain desirable or undesirable complex behavioral characteristics. Although deeply flawed, the science behind eugenics is the foundation for the modern-day study of behavioral genetics. Thus, the ethical implications and observations brought by the behavioral science and resulting social movements shows why it is still important to consider these things today. Current ethical concerns about genetics research include that knowledge about DNA ideology will lead to a problematic construction of intelligence and reinstate eugenics. It is suggested that discoveries genetic determinism will also influence equal opportunities in professional settings and possibly influence attitudes of pregnant mothers towards their children and undermine social justice as it will be thought that each individual’s behaviour is inevitable.
why is iq research a concern
The Nuffield report (2002) noted that with continuous investigation into heritability of IQ and other behavioural traits which do show a strong biological basis (i.e. intelligence in adulthood has heritability estimates of around 80% according to Plomin and Deary, 2014), this could provide information for a eugenics movement should a legitimate authority choose to use the information in this way. An important distinction to be made in response to the valid suggestion that politicians could indeed manipulate behavioural genetics research findings to serve political agendas, is that this certainly is not the aim of genetics research. The main responsibility of researchers is therefore to ensure that findings, for example, about intelligence are interpreted properly and scientifically being made publicly available, at which point there should still be an emphasis on the way in which genes are not deterministic.
In the criminal trial process, there are two comprehensive areas in which behavioral genetics evidence could be offered: when determining criminal responsibility and during the sentencing process. When determining responsibility, two elements of a crime must be established: what are they?
actus reus, the guilty act, and mens rea, the guilty mind. This means that there must be evidence beyond a reasonable doubt that the defendant committed a guilty act with guilty intention to establish criminal liability
how might genetics research be used in criminal proceedings
, in sentencing, behavioral genetics evidence could be offered in an attempt not to negate guilty intentions, but rather to mitigate it, such as by claiming a genetic predisposition to an impulsive behavior. The goal of this would be to use behavioral genetics evidence to lessen criminal responsibility and therefore lessen the amount or type of punishment given.
example use of genetics research in criminal proceedings
during a 2009 murder trial, a defense attorney presented expert testimony and evidence to a jury during sentencing that his client had the “warrior gene” as well as an extensive history of abuse. Therefore, his client had been predisposed to this type of aggressive behavior and a lack of impulse control and had not premeditated the murder he was guilty of committing. This unique defence successfully convinced a jury to forgo first- and second-degree murder convictions, including the possibility of the death penalty, and the defendant was convicted on manslaughter charges. Although the defendant was sentenced to 32 years in prison for his crime, the genetic evidence presented had significantly swayed the jury to believe that the defendant had not possessed the intent to kill, with one jury member even commenting, “Some people without this would react totally different than he would. … A bad gene is a bad gene.”
rebuttle for use of genetics in criminal proceedings
Although behavioral genetics has gained some traction and influence, it has not yet substantially changed the legal system, and the number of cases in which behavioral genetics evidence has been presented represents only a small percentage of the total. Nevertheless, these cases still raise contentious issues of determinism, free will, intention and predisposition. As behavioral genetics research continues to progress, many of these questions and potential implications for the legal and criminal justice systems must also be addressed by academia and policy makers. In fact, criminal cases in the past four years have shown a slow but prominent shift in judicial opinion to favor the allowance of behavioral genetics evidence into court proceedings (Denno, 2011), showing that these potential policy questions and implications will need answers and analysis much sooner than anticipated.
commercialisation of genetic testing at home
Discoveries of deterministic genes could be used to discriminate during job hiring or even by parents who want to prenatally test their child, leading to the acceptance of only those with the highest genetic propensities for intelligence or fitness. A 2009 survey of more than 2,000 patients visiting a prenatal genetic counselling clinic 13% indicated a desire to prenatally test for “superior intelligence.” With genetic testing becoming commercialised, it is possible that companies will in the future start to offer these services privately. However, behavioural traits such as intelligence, criminal behaviour and mental health are due to a complex interactions between genes and the environment.
Evidence against determinism in behavioural genetics
For example, intelligence in childhood is only around 20% heritable (Plomin and Deary, 2014) and antisocial behaviour is related to a complex interaction between genetic risk and extremely aversive environments (Caspi et al, 2002). In either case, heritability estimates or genetic risks do not determine behaviours. Indeed, it emphasised in behavioural genetics that genes interact with the environment in complex ways such that neither alone can determine behaviour
Conclusion
concerns about determinism- unwarranted, lack of familiarity with research.
concerns about regulation of quality of information and access to technology as well as the need to develop social and legal policies- warranted
