The Potential Role of Behavioural Genetics in South Africa's ‘Fight against Crime’

Abstract

This paper considers the potential role that behavioural genetics can play in the sentencing stage of criminal proceedings in South Africa. The discussion specifically focuses on the propensity of offenders towards criminal behaviour within the context of South Africa’s ‘Fight Against Crime’ and the window of opportunity created by two legislative reforms: the minimum sentencing legislation and the establishment of a Forensic DNA Intelligence Database. The article also provides a general overview of Forensic DNA Phenotyping, and the application of behavioural genetics in the context of the law. Specific attention is then paid to the potential use of behavioural genetics as a mitigating factor in sentencing and in the rehabilitation of convicted prisoners. It is ultimately concluded that the multi-disciplinary approach already applied in the sentencing stage of criminal proceedings in South Africa be extended to also consider the potential role that behavioural genetics can play in this regard.