Asperger's Disorder, Criminal Responsibility and Criminal Culpability

Brief Report: Judicial Attitudes Regarding the Sentencing of Offenders with High Functioning Autism

“…The frequency of criminal cases involving criminal offenders diagnosed with ASDs, especially High-Functioning Autism (HFA), has also reportedly increased within several jurisdictions (Freckelton 2013; Freckelton 2011). Further, there have been a notable number of cases in recent years in which information on HFA, as well as information on the disorder’s potential relevance or connection to the criminal actions for which an offender is on trial, has been used in court during responsibility determination and sentencing (Freckelton and List 2009; Freckelton 2011). The presentation of this information is important in court, as many individuals with HFA who exhibit criminal behavior are often thought to do so in association with their disorders’ symptoms (Attwood 2006; Barry-Walsh and Mullen 2004; Browning and Caulfield 2011; Haskins and Silva 2006; Howlin 2004; Kristiansson and Sorman 2008; Murrie, Warren, Kristiansson, and Dietz 2002).…”

Autism Spectrum Disorders and the Criminal Law

“…It is, rather, more likely to occur in face of what is experienced as a sudden, distressing invasion of personal space (Freckelton and List, 2009). The reaction by the person with an autism spectrum disorder can be instant and intense, reflecting a primitive fight or flight response to threat.…”

“…In this example, an inference of intention could easily be made, when no such intention actually existed (see Freckelton and List, 2009). Those with Autism Spectrum Disorders are generally likely to be accounted fit to stand trial as in most jurisdictions the threshold for fitness is quite low(see Freckelton and Selby, 2009).…”

“…In psychopathy, there is a genuine lack of empathic attachment to others, who are viewed instrumentally rather than as equivalent humans with whom it is possible to develop a genuine relationship. The psychopath is motivated by self-interest or unexamined impulse, unmitigated by the governance of intrinsic morality or the concern for the consequences to victims of criminal acts (Freckelton and List, 2009). The person with an Autism Spectrum Disorder, by contrast, seeks relationships (sometimes inappropriately) and can maintain a precise, if narrowly eccentric, moral framework, even though the behaviour and framework may be misconstrued by reference to ordinary community and legal standards.…”

“…The initiator is puzzled, even distressed, by the realisation that "something is seriously wrong", struggling to interpret the meaning of verbal or non-verbal cues or running away. He understands that he has committed a social offence, but is unable to construct a coherent whole from the signals he has received (Freckelton and List, 2009). …”