Autism and the penal code Peter Kramp

Autism and the penal code Brereton AV, Tonge BJ. Autism and related disorders in adults. Curr Opin Psychiatry 2002;15:

Autism and the penal code ICD-10 Pervasive Development Disorders (PDDs) Autism Atypical 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

Summery France:Diminished responsibility Prison 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 Bad Mad The birth of (forensic) psychiatry

Autism and the penal code McNaughten’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 code Conclusion 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