3 ms·

I'm not saying it isn't the case here, I've no idea (and the little I've read of his backstory is believably indicative), but this autism or Asperger's defence

I'm not saying it isn't the case here, I've no idea (and the little I've read of his backstory is believably indicative), but this autism or Asperger's defence seems to be being raised every time a hacker gets arrested. It seems to be becoming the new "depression" in leniency arguments hitting the headlines, at least for tech related miscreants.

dmix 7y ago
I’ve watched plenty of prison TV shows and it would indeed be a far worse punishment for such a person and should very much be considered seriously by the courts in sentencing and bail hearings. >> His lawyers said the time Sarao spent in jail in Britain was "unbearable" because of his autism, saying it amounted to "a torture of sensory stimulation, sleep deprivation and forced socialization," and that he became suicidal. They said they were concerned that Sarao may not be able to survive another stint behind bars. His autism is clearly not on the mild side of the spectrum. He lives at home with his mom even as an adult and rarely leaves his room. The courts are entirely capable of understanding this context, compared to say someone with a mild form of autism who can still be functionally social in forced situations. Not to mention when considering intent and motivation behind the crime (which a severe case of autism can no doubt play a role) during sentencing plus their willingness to accept fault. But ultimately this person also returned $12M in funds me made from the loophole, was a first time offender with a stable future, and helped them catch other nefarious traders. So even without the autism stuff he had a very good argument against any prison time.
- mellosouls 7y ago
  Agree with most of that, but I'm commenting on what appears to be a trend in defences, at least in ones I recall from the headlines.
  - dylz 7y ago
    I wouldn't be surprised if it was more of a trend on the demographic that commits that type of crime too...
    - mellosouls 7y ago
      Yes, possibly.
krageon 7y ago
> the new "depression" The idea that a mental deviation from the norm being used to explain someone's deviation from the norm is some sort of convenient excuse as you seem to imply doesn't lead to a fair society for everyone, just one where everyone who does not deviate gets to sit on a nice cushy throne while taking from the people who do.
- mellosouls 7y ago
  My point is not about the genuine cases in which depression or other mental issues are a significant factor, rather that it seems at times to have become another default weapon in the defence lawyers armoury. Of course, that might be a misconception on my part, but I see it quoted a lot in news coverage of cases as a mitigating factor. Misuse and abuse of it will just undermine the cases of and support for genuine sufferers.

dmix 7y ago

I’ve watched plenty of prison TV shows and it would indeed be a far worse punishment for such a person and should very much be considered seriously by the courts in sentencing and bail hearings. >> His lawyers said the time Sarao spent in jail in Britain was "unbearable" because of his autism, saying it amounted to "a torture of sensory stimulation, sleep deprivation and forced socialization," and that he became suicidal. They said they were concerned that Sarao may not be able to survive another stint behind bars. His autism is clearly not on the mild side of the spectrum. He lives at home with his mom even as an adult and rarely leaves his room. The courts are entirely capable of understanding this context, compared to say someone with a mild form of autism who can still be functionally social in forced situations. Not to mention when considering intent and motivation behind the crime (which a severe case of autism can no doubt play a role) during sentencing plus their willingness to accept fault. But ultimately this person also returned $12M in funds me made from the loophole, was a first time offender with a stable future, and helped them catch other nefarious traders. So even without the autism stuff he had a very good argument against any prison time.

mellosouls 7y ago
Agree with most of that, but I'm commenting on what appears to be a trend in defences, at least in ones I recall from the headlines.
- dylz 7y ago
  I wouldn't be surprised if it was more of a trend on the demographic that commits that type of crime too...
  - mellosouls 7y ago
    Yes, possibly.

krageon 7y ago

> the new "depression" The idea that a mental deviation from the norm being used to explain someone's deviation from the norm is some sort of convenient excuse as you seem to imply doesn't lead to a fair society for everyone, just one where everyone who does not deviate gets to sit on a nice cushy throne while taking from the people who do.

mellosouls 7y ago
My point is not about the genuine cases in which depression or other mental issues are a significant factor, rather that it seems at times to have become another default weapon in the defence lawyers armoury. Of course, that might be a misconception on my part, but I see it quoted a lot in news coverage of cases as a mitigating factor. Misuse and abuse of it will just undermine the cases of and support for genuine sufferers.