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Condemned by Birth: The implications of Genetics for the Theories of Crime and Punishment

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Abstract:

This article traces debates around relevance of genetics in determining culpability. The chief trends in this regard are illustrated by decisions of the American Courts over the past century, which have moved from applications of blind heredity to sophisticated molecular analyses. Since genetics impacts the basic assumption of "free will" in criminal law, its use as a defence has been examined at length. Finally, this article examines the methodsand theories of punishment, and their effectiveness in preventing and penalizing the actions of "genetic offenders".

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