Autism and the penal code

Peter Kramp

Autism and the penal code

Given the considerable personal suffering, highburden for carers and cost to the communitycaused by autism, the most remarkable featureof research on autism in adults is it paucity.

Brereton AV, Tonge BJ. Autism and related disorders in adults. Curr Opin Psychiatry 2002;15:483-487

Autism and the penal code

ICD-10 Pervasive Development Disorders (PDDs)

AutismAtypical autism

Aspergers Syndrome

PDD-NOS

Autism and the penal code

High-functioning autism (=Aspergers?)

Autism spectrum disorder

Pathological demand avoidance

Multiplex developmental disorders

Non-verbal learning disorders

“Neurotypical normality”

Eccentric personality

Penal law sec. 16 (1):

Persons, who, at the time of the act,

were irresponsible owing to mental

illness or similar conditions or to a

pronounced mental deficiency, are not

punishable.”

(“Mental illness”=psychotic)

Denmark

Autism and the penal code

Autism and the penal codeSummery

France: Diminished responsibilityPrison sentence

Germany: “Severe Mental disorder”A psychiatric order

Sweden: Not “Severe mental disorder”Prison sentence

U.K.: “Psychopatic disorder”A psychiatric order (perhaps)

Denmark: Psychotic (or a similar condition)A psychiatric order

Autism and the penal code

BadMad

The birth of (forensic) psychiatry

Autism and the penal codeMcNaughten’s Case

“…still we would, not captiously nor querulously, but in a spirit of humble and honest earnestness, of hesitating and admiring uncertainty, and of al-most painful dubitation, ask those learned and philosophic gentlemen to define, for the edifica-tion of commonplace people like ourselves, where sanity ends and madness begins, and what are the outward and palpable signs of the one or the other…”.

Editorial, The Times March 6, 1843.

Autism and the penal code

In the best interest of society it is the duty of the law professionals to watch out that the alienists do not find insanity in a dispro-portionately high number of criminals.

F. Phil, Director of Public Prosecutions Berlingske Aften, Feb 3, 1941

Autism and the penal codeConclusion

• Within forensic psychiatry the concept of “Autism spectrum disorder” is too broad and too vague

• A dimensional diagnostic entity do not “explain” deviant social behaviour

• A thorough and accurate psychopathological description of the case

Autism and the penal code

Thanks are due to

Dr. Harald Dressing

Dr. Harvey Gordon

Prof. John Gunn

Dr. Marianne Kristiansson

Dr. Dominique Mathis

Dr. Hans Joachim Salize