04-11-2008, 11:54 AM
04-11-2008, 12:06 PM
Gareth Wrote:
earthmonkey Wrote:
This isn't the same thing as some guy murdering someone and then trying to blame autism to get off easy. The fact is, many of us can be convinced to go along with something we don't know is wrong. I wouldn't have any idea that this would be illegal.
Ignorance isn't a defence. Unless he can prove that this "friend" actually forced him into the act under duress he should pay the price (regardless of how minor or major the crime is). The only other possibility is if he was to be judged mentally incapable and thus not responsible for his actions. That is a bad thing to happen for both the individual and for the later precedent it sets.
Get a good attorney and try to negotiate for a lesser charge, but claiming diminished responsibility is NOT a good way forward.
Agreed. Especially on the precedent front. People will begin to think Rain Man.
04-11-2008, 03:43 PM
The patriot act /chickens are coming home to roost. Homeland security turns what would have been a charge of juvenile delinquency into a FEDERAL case. Is it a federal charge, or state charge, or local?? I would say of course, get an attorney, find out what the charge is. (plead it down!, throw yourself on the mercy of the court) Your son may have to take some kind of penalty, but 1st offense "Should" definitely not be jail time... and yes, I would use dimished capacity as an escuse if only to make sure he is not prosecuted as an adult... with the defense being - he did wrong, ignorance is no excuse - now he knows better.. BUT your son can be proven, RIGHT now to be less mature chronologically in the discrimination of who he was hanging out with and then you could MKAE SURE he is not prosecuted as the adult. On paper, the kid he was with may be younger than him .... My brother
04-14-2008, 03:40 AM
To me, it is our legal system run amock. The very cops, judges and prosecuters involved lived at a time when teens could make a mistake and it would not prevent them from later becoming a cop, lawyer or judge. Not a good time to be a kid (in the US)
04-14-2008, 02:20 PM
The above last few back and forths talk about the idea that an aspie child might not know right from wrong. (Or might in fact be less mature than their chronological age) That is the definition of a child, they don't know until they experience something , for some first hand, (experiential) for others, from a tv program, others can learn thru reading, others thru osmosis, from generally being AWARE. Some (kids)mature faster than others et.c, (this is NT kids) Now admit it, some parents, educators, can't keep up with the "ideas" that kids can come up with in the many ever changing situations kids, as they get older come across. John does NOT, learn some things are wrong/mistakes until he does them. I have to explain, in detail, all the different cause and effects. I am hard pressed to come up with things to tell him not to do, "John, today don't do ______ when _____ happens, because ____ will happen." As kids get older and we are supposed to let them have some freedom to experience without us to alway filter, shelter, translate... I am not saying that all aspie kids don't know better in many circumstances, but it is not like aspies are known to learn by osmosis and just know...
Also, I (non-autistic) know 1st hand that when I was about 9,10 or 11, I would take a 22 rifle and shoot birds for target practice or for fun (at my grandparents house in the summer)groundhogs too, but they were eating the garden (meanwhile I am an animal lover). The next summer when my older brother took out the rifle and aimed, I said "What are you doing!, that is terrible". My conscience grew up. (his didn't, yet) It is a stage of development - that is the exact premise for charging as a minor or an adult.
Also, I (non-autistic) know 1st hand that when I was about 9,10 or 11, I would take a 22 rifle and shoot birds for target practice or for fun (at my grandparents house in the summer)groundhogs too, but they were eating the garden (meanwhile I am an animal lover). The next summer when my older brother took out the rifle and aimed, I said "What are you doing!, that is terrible". My conscience grew up. (his didn't, yet) It is a stage of development - that is the exact premise for charging as a minor or an adult.
04-14-2008, 04:32 PM
Korrigan, Unusual outburst, is your day going okay? How are your kids doing?
04-14-2008, 10:57 PM
I just think that in the US, the whole point of a prosecuter having the option of charging as a minor or an adult is to take into account the developmental maturity of the individual involved.
04-14-2008, 10:59 PM
I can't let my son John loose on this forum (his age) except for a couple side threads.. John is going to post tonight on the abduction thread.
04-14-2008, 11:10 PM
I am sure that saner heads will prevail... but, I am going to pray for your son and your family.
04-15-2008, 01:49 PM
The U.S. legal system (justice system-oxymoron) is run amock. :O( but with this boys' mom advocating for him, I feel that cooler heads will prevail. True Gareth, I didn't originally notice the Traumatic brain injury - that seems to have the most legal bearing in this case and would be a stronger arguement for sure.
04-15-2008, 04:45 PM
I am for a kid being charged as a minor, mid you , minors are kids that get in trouble sometimes for doing dumb things, not thought out - a monther isn't alwasy with her kids - so for this mom, she thought that her Kid had matured enough at age 16/17 to be out for a bit at a park - this doesn not refelct negligence on the mom - the circumstances that occureed were not something she thought to discuss with her kid.. Yes he should be punished (even being charged is a punishment), but if he, due to TBI, because of the delays in his development, ended up Chronologically even younger than 16/17 when the action occurred that is a good defense for not being charged as an adult.
04-15-2008, 06:40 PM
I find something very unusual here... How anyone (who is an AFF'er) can make a blanket statement that at a certain age - any age, pick an age -in this case 17. 17 is the "fair" age to have EVERY kid be treated like an adult - with adult consequences. This does not take into account that each person develops at their own rate. This is akin to saying (to a parent whose child develops at a differnt rate) He is 3, he should be talking, *okay no conseqences for that,* how about at school, he is 6, he can't yet read - let's MAKE him feel real bad about that and prssure him to catch up, he is 7 why can't he tie his shoes, he must be unintelligent, he is 15, why can't he figure out how to ask a girl out, let's embarrass him. I think an AFFer should have compassion and understanding, they should give the benefit of the doubt when it comes to a child with developmental delays - of any kind- that he not be held up to an arbitrary time schedule for being "matue" enough to avoid this situation. People do develop at different rates and mature at different rates. I hope that he is charged as a minor -
i also think that anyone who is a parent knows - you can't always be perfect - you can't always predict what situation your kid is going to get into.
i also think that anyone who is a parent knows - you can't always be perfect - you can't always predict what situation your kid is going to get into.
