Asperger's Defense in Criminal Trials?
Without consequences to unlawful behavior no ones learns to obey the law.
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The peer politics creating intolerance toward compassion is coming to an end. Pity accusations, indifferent advocacy against isolation awareness and for pride in an image of autism is injustice. http://www.autismselfadvocacynetwork.com
Arminius wrote:
Macbeth wrote:
Arminius wrote:
I agree that something like probation and compulsory therapy might be more effective, but that has nothing to do with him being on the spectrum. Our whole justice system is ineffective, expensive, by turns lax and draconian, and bad at preventing recidivism. The man knew right from wrong and should be punished like anyone else. I just wish the penalties for everyone were more useful.
I grow weary of saying this: Knowing Right from Wrong is NOT the same as understanding what is legal and what is not.
Ignorance of the law does not excuse people who break it. Whether he understands what is legal is not the question in an insanity defense, which is the only way he could argue that Aspergers should exonorate him. An insanity defense only holds water if the defendant could tell right from wrong. That said, I think it is stupid and overly harsh that this guy is going to jail. There must be a positive way to channel his interest. I think he should pay the same penalty as anyone else, but I disaprove of jail time as a penalty for this offence for anyone. The justice system likes simple solutions, like sending someone to prison, for complex situations. I think he should be held accountable for his actions and have to deal with what society has decided is a reasonable consequence for them even though I disagree with that consequence.
I'm not talking about ignorance of the law, though I do consider that if you do not know something is verboten, that should be taken into account. What I am referring to is the psychology that allows people to believe that a law should not or does not apply to them. I referenced pro-drugs threads before as a great example. All those stoners believe that the law against smoking a bit of puff should not and do not apply to them, and have a variety of entertaining and sometimes very good arguments for why. But the law still applies to them, even if they choose to ignore it. Its quite possible that some aspies can decided that a law is immoral, badly-thought-out or just plain wrong, and such is our psychology that we can believe that our "reason" is good enough to counteract that injustice. It may not apply to THIS particular case, but then my argument all along has not been about this particular individual, but the general attitude of a group of people who spend half their time blathering on about how they don't understand this that or the other social rule, or that such rules are ridiculous or unfair, and in the same breath damn someone for breaking another rule.
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"There is a time when the operation of the machine becomes so odious, makes you so sick at heart,
that you can't take part" [Mario Savo, 1964]
nick007
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Posts: 27,646
Location: was Louisiana but now Vermont in capitalistic military dictatorship called USA
ci wrote:
Without consequences to unlawful behavior no ones learns to obey the law.
This does sound good but if the person is not capable of fallowing the law because they really can not help themselves. punishments will NOT work. I think that the causes of the behavior should be addressed instead of only giving a punishment. I've been punished lots of times as a kid for doing things I had no control over & the punishment only made things worse & I kept on doing it
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"I don't have an anger problem, I have an idiot problem!"
"Hear all, trust nothing"
https://memory-alpha.fandom.com/wiki/Ru ... cquisition
nick007 wrote:
ci wrote:
Without consequences to unlawful behavior no ones learns to obey the law.
This does sound good but if the person is not capable of fallowing the law because they really can not help themselves. punishments will NOT work. I think that the causes of the behavior should be addressed instead of only giving a punishment. I've been punished lots of times as a kid for doing things I had no control over & the punishment only made things worse & I kept on doing it
That's not a strict view of indifference toward what punishment should be such as mandatory go to jail rather then potential other corrective measures. Just that modification of behavior is ethical and equal to to the point action is taken rather then none at all otherwise we encourage unlawful behavior.
_________________
The peer politics creating intolerance toward compassion is coming to an end. Pity accusations, indifferent advocacy against isolation awareness and for pride in an image of autism is injustice. http://www.autismselfadvocacynetwork.com
nick007
Veteran
Joined: 4 May 2010
Gender: Male
Posts: 27,646
Location: was Louisiana but now Vermont in capitalistic military dictatorship called USA
ci wrote:
nick007 wrote:
ci wrote:
Without consequences to unlawful behavior no ones learns to obey the law.
This does sound good but if the person is not capable of fallowing the law because they really can not help themselves. punishments will NOT work. I think that the causes of the behavior should be addressed instead of only giving a punishment. I've been punished lots of times as a kid for doing things I had no control over & the punishment only made things worse & I kept on doing it
That's not a strict view of indifference toward what punishment should be such as mandatory go to jail rather then potential other corrective measures. Just that modification of behavior is ethical and equal to to the point action is taken rather then none at all otherwise we encourage unlawful behavior.
I misunderstood; I get it now
_________________
"I don't have an anger problem, I have an idiot problem!"
"Hear all, trust nothing"
https://memory-alpha.fandom.com/wiki/Ru ... cquisition
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