Can people with Aspergers recieve the death penalty?

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I know in the U.S. anybody with a mental illness will not recieve the death penalty if they were proven to actually be mentally ill during the time they commited the murder and were unaware of their own actions. But having a diagnosis of a mental illness does NOT actually mean you will not recieve the death penalty or prison time if you were actually sane and in control of your actions at the time you commited murder. Because even people with Bipolar Disorder and Schizophrenia can still make the decision to kill somebody if they are on their medications and are not actually experiencing mania, delusions, or paranoid thinking.

But does that apply to Aspergers too? Aspergers and Autism is considered a spectrum disorder and not a true mental illness (I think) but it differs in severity. I think a lot of people with Aspergers are very aware of their actions and should be held accountable for any crimes they commit because we actually DO know the difference between right and wrong. But in some cases where you have Autism that is more severe and the person doesn't talk or respond and attacks people violently in an uncontrolable tantrum maybe they shouldn't be held as accountable?

Can people with Asperger's receive the death penalty?

Theoretically, yes. Asperger's Syndrome is not a "Get Out Of Jail Free" card.

I don't know of anyone on death row who has AS, but I suspect that some people who are on death row may display symptoms of AS.

Yes they can. Kimber Edwards is an example. He was later commuted to life in prison.

If a severely autistic person is out attacking people and even kill someone, they get put into a mental hospital like Sky did when he killed his mother in 2009. He had the mentality of a two year old. He had no concept of his mother being gone because he kept calling for her.

I have read about death row cases and I have noticed that is seems like many people who have been executed or are on death row have either of these things: mental illness, low IQ, fetal alcohol or some sort of behavior problem, sociopathy, some sort of disability.

So the impression I have here is if you have low intelligence or have a disability or mental illness, you are more likely to get in trouble with the law, if you commit a murder, you are more likely to receive capital punishment.

Yeah I read a little bit about that case of the Autistic kid who beat his mother to death. It sounded really sad.

I guess that actually makes sense in a way. People who get in serious trouble with the law usually have some sort of underlying problem and they often come from abusive and impoverished families which is probably what contributes some to their mental state.

I kind of get the feeling that no judge would give a person with Aspergers or Autism a death sentence though. People in this country think of people with autism as being weak and helpless so most likely it would be life in prison if they commited murder.

I don't know how it is in other states but I learned that in Georgia even though they legally can do the death penalty they never actually use it as a sentence anymore because popular opinion is against it. The prosecutors don't seek the death penalty anymore and on the rare occassion that they do the jury often decides against it. In order for the judge to be able to sentence the prisoner to death each jury member has to agree on the sentence and if one doesn't then the sentence ends up automatically being life in prison.

It seems like nowadays only the worse type of criminals even get the death penalty. At least that's how it is in my state.

in theory you cant execute someone with a mental disorder or an IQ below i believe 78.the question becomes what defines a mental disorder

An extreme low functioining autistic who is also ret*d is one thing. They lack awareness of right and wrong, and maybe even understanding of mortality itself (like that one guy mentioned above). But a normal IQ person with aspergers is something else. The latter would probably get the same treatment as a neurotypical person of normal IQ would get for committing the same crime because they wouldnot lack awareness of right and wrong any more than a NT of the same IQ. So its the retardation, and not the autistic aspects of the person that would matter. I cant imagine how aspergers would make you a more sympathic murderer than a NT (to a judge or to a jury).

And in some states like Florida it's actually very hard to convince the court that you were not guilty by reason of insanity even if you really did had a fullblown psychotic meltdown and actually have a diagnosed mental illness.

Insanity can be a very hard thing to prove so you'll most likely end up in prison even if you really are insane.

The backbone of English criminal law is mens rea. This principle is central in most civilised countries with robust systems based on the notion of fair trial.

If you lack the capability to form criminal intention, then your intention cannot be classified as genuinely criminal even if the outcome of your actions are. Not guilty on the grounds of insanity is one hallmark of mens rea in practice.

This principle is ingrained in the justice systems of Commonwealth countries and no Commonwealth country has ever wanted to change that. The USA however appears to be a bit of an outlier and seems rather more inconsistent in its states and the verdicts each apportions, and the grounds upon which decisions are made show a variance over time and place that seems to be somewhat capricious from time to time.

In broad terms the more punitive any country is, the less respect it tends to have for mens rea while showing a greater tendency to disregard it.

It's impossible to make blanket statements about applying mens rea to any autistic person because the autistic spectrum is extremely heterogenous, so diverse that each case is and should be tried on its own merits and pertinent facts.

Each state in the U.S. is almost like its own country and they each have their own laws and ways of doing things.

What works for one state doesn't always work for every other state.

Lot of states with capital punishment don't even use it but because it's half and half about rather capital punishment is wrong, they keep it but don't use it. That also allows the jurors to vote for it when the defendant is eligible for it so they can get a life sentence and not ever get life with parole.

There was an interesting case in the 1980's. A 16 year old shot his mother and stepfather in bed and his name was Sean Sellers. Because they didn't have life without parole back then, the jurors voted for the death penalty so he would never get out because if they hadn't vote for it, he would have gotten out on less than ten years on good behavior. Then a year after his trial, Oklahoma finally had life without parole. But he was not able to get his sentence turned to life without parole and he was executed Feb. 5th 1999. He was the first juvenile offender person to be executed since 1959 for a crime he committed when he was 16.

Neah it's 70 but states are still allow to set whatever they consider a low IQ so inmates with a low IQ under 70 have still gotten executed since 2002. I've made a list of them:

Bobby Wayne Woods IQ between: 68-86 Executed: Dec 3rd 2009 Race: White State: TX

Robert Ladd IQ: 67 Executed: Jan 29th 2015 Race: Black State: TX

Robert Wayne Holsey IQ: Around 70 Executed: Dec 9th 2014 Race: Black State: GA

James Lee Clark IQ between: 65-74 Executed: April 11th 2007 Race: White State: TX

Marvin Wilson IQ: 61 Executed: Aug 7th 2012 Race: Black State: TX

Coy Wesbrook IQ: 66-84 Executed: March 9th 2016 Race: White State: TX

Ramiro Hernandez IQ: 62 Executed: April 9th 2014 Race: Hispanic State: TX

Warrin Hill IQ: about 70 Executed: Jan 27th 2015 Race: Black State: GA

Alfredo Prieto: IQ: 64-73 Executed: October 1st 2015 Race: other State: VA

Alton Coleman: IQ: mild MR Executed: April 26th 2002 Race: black State: OH

Milton Mathis IQ: 62 Executed: June 21st 2011 Race: Black State: TX

And they have executed slow learners:


Paul Goodwin IQ: 73 (probably lower) Executed: Dec 10 2014 Race: White State: Missouri

Brandon Hedrick IQ: 76 Executed: July 20th 2006 Race: White State: VA

Theresa Lewis IQ: 72 Executed: Sept 23rd 2010 Race: White State: VA

Kenneth Fults IQ: 74 Executed: April 12th 2016 Race: Black State: GA

Erick Davila IQ: Low Executed: April 25th 2018 Race: black State: Texas

Jay Scott IQ: Low Executed: June 14th 2001 Race: Black State: Ohio


And they even put a inmate with dementia to death:

Cecil Clayton Condition: Dementia, brain damage Executed: March 17th 2015 Race: White State: Missouri

I know Nikolas Cruz who shot up a Florida High School not too long ago will possibly recieve the death penalty for his crime and he was only 19 at the time and he suffers from a learning disorder and possibly undiagnosed schizophrenia.

I actually feel sorry for him and his brother Zachary who had nothing to do with the shootings but was treated like crap by everyone in Florida for what his brother did.

I mean I know 19 is not legally considered a kid but I still consider that to be a kid, and when I saw him in the courtroom and on the recorded interrogation tape after his arrest I didn't see an evil monster like everyone has painted him out to be I saw a terrified little boy who cooperated with the authorities and was in shock about what he had just done and felt genuine remorse. I think he really felt horrible when his brother Zachary confronted him about it and he had enough money inherited by his dead mother that he could have afforded a good lawyer but he quickly decided he wanted to donate it to the victims families instead and stick with public defenders. I think it's very obvious he feels guilt but he's not thinking rationally either which is why I think he really is mentally ill.

I know he did something very evil and destroyed the lives of many people when he shot up a high school but I can't help but pity him and I don't think he deserves the death penalty. He should get life in prison. The fact that people would actually try to sentence to death someone who is basically a kid and has shown genuine guilt and remorse for what he did really baffles me. I also can't understand how they could treat his brother horribly when he had nothing to do with the shootings. I just don't understand how people think in this world.

Show remorse, it's all an act to get sympathy.

Don't show remorse, the person is evil and how dare they not have any remorse for their crime. Give them a heavy sentence.

You can't win.