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 Posted: Sat Jul 07, 2007 7:23 pm
What do you consider to be a reasonable or unreasonable criminal defense? (for murder, rape, whatever)
My views:
*Asperger's is not a reasonable defense. I know many people with Asperger's and not one of them lacked the ability to understand basic laws of not injuring other people. Some people with A.S. do have an extremely hard time understanding social cues. So some do have a hard time understanding when another person's intentions as far as sexual relations go. I do not think it is a defense of rape though. People with A.S. are certainly capable of understanding "no".
*Mild mental retardation is not an excuse for murder or rape. They understand not to kill and what "no" means.
*If somebody has sex when they agree to it, even if they are drunk or voluntarily take drugs; that is not rape.
*A person who does something they blame on alcohol or drugs they voluntarily take, that is not a defense. They chose to take the substances.
Those are just my thoughts, how about everybody else?
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Posted: Sat Jul 07, 2007 7:32 pm
My brother has A.S. and I used to wonder if he even realized that other people had feelings. He seemed totally heartless. He hit me, threw heavy coasters at me (he threw them hard enough that they broke), laughed when I cried, rejoiced in my defeats, and seemed angry at my successes.
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Posted: Sat Jul 07, 2007 7:42 pm
Rilian My brother has A.S. and I used to wonder if he even realized that other people had feelings. He seemed totally heartless. He hit me, threw heavy coasters at me (he threw them hard enough that they broke), laughed when I cried, rejoiced in my defeats, and seemed angry at my successes. Even if your brother didn't understand your feelings, did he know there was a rule against hurting others? Or did your parents never make rules?
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Posted: Sat Jul 07, 2007 7:48 pm
AspergersKitty Rilian My brother has A.S. and I used to wonder if he even realized that other people had feelings. He seemed totally heartless. He hit me, threw heavy coasters at me (he threw them hard enough that they broke), laughed when I cried, rejoiced in my defeats, and seemed angry at my successes. Even if your brother didn't understand your feelings, did he know there was a rule against hurting others? Or did your parents never make rules? My parents mainly focused on telling me not to hit him, because I'm 6 years older than he. But what child would think to follow a rule for which he doesn't see the reasons? I never did. The difference was that I could see that other people had feelings and I didn't want to hurt them. Maybe my brother could see it, too. Maybe he was just blinded by rage.
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Posted: Sat Jul 07, 2007 9:55 pm
I also have a younger brother with aspergers. He kinda lacks any kind of sense of what is socially accepted, so he thinks nothing of going out with no pants on, with his finger up his nose while yelling loudly about how ugly he thinks that person across the street is. Hes a little b***h, but he does understand that kill = bad.
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Posted: Sat Jul 07, 2007 10:00 pm
Vajra B. Hairava I also have a younger brother with aspergers. He kinda lacks any kind of sense of what is socially accepted, so he thinks nothing of going out with no pants on, with his finger up his nose while yelling loudly about how ugly he thinks that person across the street is. Hes a little b***h, but he does understand that kill = bad. I think I know what is socially acceptable sometimes, but I never understand why it should be so wrong for me to put a piece of tape on my head or wear a book cover that my friends scribbled on as a hat. Or paint my bangs green. Or cut off pieces of my hair. Or go without a bra. Or insist on being called Rilian IRL. Or run around in circles, singing a Wiggles song which then degenerates into loud wailing and babbling. Or lay down on the floor. Or ask another person in the store if they like corn. Why is it so wrong?
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Posted: Sat Jul 07, 2007 10:06 pm
Its not wrong. But it might be what "society" considers to be "wrong". But society can be pretty uptight. Personally, I think that as long as you aren't hurting me or anyone else, do whatever the hell you want.
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Posted: Sun Jul 08, 2007 12:57 am
I think that it is retarded to blame something you know is wrong on a disorder you have. I certainly wouldnt defend myself hurting someone on my tourette's. I might mess with a substitute teacher every once in a while, but as far as anything legally wrong, if you did it, you desrve to be punished for it, dont hide behind some disorder you may have.
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Posted: Sun Aug 05, 2007 8:13 am
I know watching Law and Order doesn't make me an expert in law and stuff, but what about the Rage illness cases? You know how Rage causes temporary insanity and stuff like that due to frustration or something? I think that is worse than what other people are spewing. But eh..this is not my field so I'm not sure if any of it is correct. I wonder if there is even a Rage case.
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Posted: Sun Aug 05, 2007 5:10 pm
I completely agree with the whole "voluntarily taking mind-affecting subtances". They knew the effects, and even if they didn't, that is complete neglect for themselves anyway.
Who doesn't know mysterious substances people offer you might be shady?
I never even though of that though. Thank you! You've opened up a whole new area for my thoughts to play in.
heart Luffles heart
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Posted: Sun Aug 05, 2007 8:32 pm
I dunno about the Asperger's point. I have it, my little brother has it, and my dad has it, so I know a lot from experience. One thing I know, is that Asperger's comes in degrees, it's on a spectrum. Maybe really severe Asperger's is a legitimate criminal defense. I think cases like that should be determined by psychologists. In general though, I agree. Asperger's isn't a reason to get off for murder.
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Posted: Wed Aug 08, 2007 4:41 pm
When I was younger, I was incapable of following rules. I exaggerate a bit. I was capable of following rules like, "Don't run into the street," because I'd been hearing those rules my whole life and I could see a reason for them. But if my parent mentioned a rule one day, I might break it the next day. Why? Because I didn't stop to think, before every action, "Is there some rule that bans this action?" I just went about my life.
I never did things that I thought would hurt other people. But I could never follow arbitrary rules. So, I might break laws that way. It really would be because I couldn't help it. But I don't think I'd ever kill anyone.
It's now known that I have A.S. So maybe this weirdness is part of it.
Another thing about A.S. is that your emotions get really strong really fast. People commit "crimes of passion" all the time. They often get a lenient punishment because of their state of mind. A person with A.S. is always passionate, about everything.
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Posted: Wed Aug 08, 2007 6:39 pm
On the mind-altering substances - I once saw an episode of CSI where this girl took a drug and it was like she was watching her body do all these horrible things and she couldn't stop it. She didn't know the drug would do that.
On Asperger's - one of my best friends has Asperger's. He supposedly has some issues with societal norms, I don't know, I've never really seen them - I've only ever really seen his good side. He was my first visitor after I was born, however, we've known each other our entire lives, we gang up on his little brother... so I don't really know. Do I have a point? I'm not sure. Maybe this: isn't Asperger's a mild form of Autism?
Is it my cousin's fault that he got drunk and his friend told him to take some pills, they'd make him feel good, and he was in a vegetative coma for 13 months before they pulled the plug?
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