FORENSICS 148; NEUROSCIENCE GAINS A LEGAL FOOTHOLD
This essay might be of special interest to writers of detective and mystery stories who would like to enrich their stories by presenting their readers with a gift of extra detail. It might also be of general interest to many other readers.
Although they might not be obvious, there are logical reasons for things happening. Human behavior is a category wherein reasons for more and more behaviors are being discovered. Violence and impulsiveness are two critical behaviors the causes of which are being intensely studied.
A murder trial the outcome of which hinged partially on reasons for violent acts was that involving David Bradley Waldroup, Jr. According to appellate court records, in October of 2006, he was staying in a trailer home parked on Kimsey Mountain in Tennessee. His wife, Penny, arrived in a van, bringing their children for a weekend visit with Mr. Waldroup. Her friend, Leslie Bradshaw, accompanied them.
Mr. and Mrs. Waldroup had been married for some time, but were separated and seeking a divorce. Mr. Waldroup reportedly suffered from increased emotional sensitivity and an intermittent explosive disorder, and Mrs. Waldroup had asked a neighbor to notify the police if she and Ms. Bradshaw had not returned by 7:30 p.m.
Mr. Waldroup reportedly had been drinking and had been carrying a .22 caliber rifle when he walked out to greet them. After groceries and children’s belongings had been unloaded from the van, Mrs. Waldroup tried to leave. Mr. Waldroup told her they needed to talk. She said that she needed to get to work and that they could talk when she returned to pick up the children. Mr. Waldroup grabbed the van keys and threw them into nearby woods. He began to berate both women and accused Ms. Bradshaw of ruining his marriage to Mrs. Waldroup. He then shot Ms. Bradshaw multiple times, killing her.
Mrs. Waldroup began running up the mountain, but Mr. Waldroup shot her in her back, and she fell. Mr. Waldroup caught up with her and aimed the rifle at her head, but she managed to kick it away. He pulled out a pocket knife and began to cut her. Somehow, she managed to get the knife and throw it away, and they ran back down the mountain. He then picked up a shovel and began hitting her on the head with it. At this point, their dog began to growl at him, and she was able to get loose and run around the trailer. He caught her again, though, and began to strike her on the back of her head with a machete. Grabbing her hair, he dragged her over to the body of Ms. Bradshaw and began kicking and hitting it with the machete.
Mr. Waldroup then forced his wife into the trailer, where the children wrapped her arms, bleeding from multiple knife wounds, in a sheet. Unbelievably, he then decided that he wanted to have sex with her. He told the children to say goodbye to their mother because they would never see her again. She said goodbye to each child and told them that she loved them.
He took her into the bedroom, but decided she was too messy with blood to have sex and wanted her to take a shower. She refused because she didn’t want to make it easy for him to clean up the blood, but did clean up a bit at the sink before he threw her on the bed. It was then that a police car pulled up to the trailer. Mrs. Waldroup was taken to a hospital via an ambulance and a helicopter and survived. Mr. Waldroup was taken to jail. By way of a behavioral genetics study described by the following, he also managed to survive.
Prosecutors were convinced that Mr. Wardroup’s actions were intentional and premeditated, and they charged him with the felony murder of Ms. Bradshaw, which carries a death penalty. Mr. Waldroup was also charged with attempted first-degree murder of his wife.
Genetic research has indicated that, in addition to other issues, a rare mutation in a neurotransmitter metabolizing enzyme (specifically, monoamine oxidase A) links a gene to a syndrome including violence, sexual aggression and impulsivity in humans. This, in combination with a history of early traumatic life events such as child abuse and lack of parental warmth, in high-provocation situations, can significantly increase the vulnerability of males to committing impulsive and violent acts. The gene involved is often referred to as the “warrior gene.”
Mr. Waldroup was tested and found to have the warrior gene. He had also been abused as a child. Mr. Waldroup was initially charged with first degree murder, two counts of especially aggravated kidnapping, and attempted first degree murder. Despite vigorous objections raised by the prosecution, the defense was allowed to present descriptions of research findings about the links between warrior genes, child abuse and violence to the jury. Mr. Waldroup was ultimately found guilty of involuntary manslaughter, especially aggravated kidnapping, aggravated kidnapping and attempted second degree murder. As a result of the reduced charges, rather than the death penalty, he received a 32-year sentence.
The described research has provided some answers, but it has raised a huge question. In view of the fact that most persons having an unfortunate genetic makeup and an abused childhood background that predisposes them to violent behavior do not commit violent acts, how should courts dispense punishments that are fair to those guilty of violent acts and to the general population. If you, the reader, were a judge overseeing a violence case as described, what sentence would you impose?
Additional Facts:
In addition to violence and impulsivity, the warrior gene has been linked to crime, alcoholism and higher amounts of credit card debt.
As is the case for a number of genotypes, statistical frequency of the warrior gene varies with ethnicity.
MRI analysis has shown that brain activities of those with the warrior gene differ from those who do not have it.
There is an even rarer form of the warrior gene that has been linked to extreme aggression and extreme violence in men.
Defenses similar to that of Mr. Waldroup have also been used in Britain and Italy.
It was believed that this was the first reported case in the United States where such evidence had been introduced in the guilt phase rather than in the sentencing phase of a trial.
It is not surprising that a correlation has also been found between the playing of violent video games and behavioral effects on the brains of young children.
Truly fascinating. I don’t believe there is an adequate answer to the matter of sentencing and the concept of justice in this — and perhaps a great many — trials. No doubt this is why philosophically and theologically we tend to push judgment down the road. But I do think there have to be priorities based on security and fundamental goals of “civilization.” You know where I’m going with this, don’t you? The public must be protected first. Very tricky — and potentially — slippery slope. Nonetheless, a person with such a gene who has demonstrated a lethal loss of control should not have the opportunity to do so again in my opinion. Just how that containment should be exercised I leave as another subject. Thanks, Amalgam. Another winner, informative and thought provoking as always.