Beyond Binary Responsibility: A Framework for Biological Justice in the Epigenetic Era

Behavioral epigenetics links experiences of adversity, stress, and care to molecular variation associated with health and behavior and can reshape understandings of embodiment across the life course. As such findings enter legal and policy debates, they raise pressing questions about how judges assess responsibility, weigh extralegal factors in sentencing, and govern the use of emerging scientific evidence. This article develops a framework of biological justice to guide the translation of epigenetic evidence into judicial decision-making without reintroducing biological determinism or naturalizing structural inequality. Integrating insights from epigenetics, sociology of science, bioethics, and criminal law, we clarify the inferential limits of current research and examine risks of biologizing inequality, predictive governance, and eugenic logics. We argue that epigenetic evidence should be restricted to contextual, defendant-protective, and rehabilitation-oriented uses in sentencing and post-conviction proceedings, while predictive and coercive applications should be explicitly excluded. Overall, this framework emphasizes structural framing, community oversight, and equity to prevent molecular accounts of adversity from reinforcing existing hierarchies.