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Asperger's disorder and the criminal law.

Authors
  • Freckelton, Ian
Type
Published Article
Journal
Journal of law and medicine
Publication Date
Jun 01, 2011
Volume
18
Issue
4
Pages
677–694
Identifiers
PMID: 21774264
Source
Medline
License
Unknown

Abstract

Asperger's Disorder has the potential to be relevant to many aspects of the functioning of the criminal justice system. However, its mere presence does not excuse or justify all offending. The inquiry into its potential relevance to criminal offending and sentencing must be both contextual and informed by suitably qualified expert evidence. This column reviews court decisions in respect of offences of physical violence, sexual violence, arson, stalking/harassing and computer offences across a range of jurisdictions to evaluate how courts have latterly incorporated Asperger's Disorder into decisions about criminal responsibility and culpability.

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