British Hacker Loses Review of Asperger's Defense

Barence writes "Gary McKinnon has lost the judicial review of his case, dealing a potentially fatal blow to his hopes of avoiding extradition to the US. Lord Justice Stanley Burnton and Mr. Justice Wilkie dismissed the review at the Royal Courts of Justice. The review had been assembled to determine whether the diagnosis of McKinnon's Asperger's Syndrome had any bearing on the Home Office's original decision to extradite him to the US. Asperger's sufferers often exhibit obsessive behavior and social naivety, which McKinnon's lawyers have long offered as mitigation. His legal team now has 28 days to appeal the verdict, and his lawyer, Karen Todners, has indicated they may consider taking his case before the US Supreme Court. Last year we discussed a full profile of the hacker published by the BBC." Sophos's survey of 550 IT professionals found that 71% believe McKinnon should not be extradited.

Comments

Down with the aspie defense!

[lacoronus]

I'm so sick of the aspie defense. Seems like every time a computer user is on trial (remember Reiser?), it gets rolled out. "My client is guilty as hell, but he's got Asperger's!" First, your mental handicap has to be to the point where you quite literally don't know what you're doing - so just give it up, having light Asperger's doesn't cut it. Second, it impacts the way people view us computer professionals - for example, when we try to argue for less copyright and more information freedom. The aspie defense does us about as much good as the "Your honor, this man did indeed kill his daughter, but he's Muslim, he can't help himself" defense does for the vast majority of Muslims.

Re:UK Law vs US Law

[pluther]

No, leaving your door unlocked is not an invitation to enter.

But we don't lock people up for 60 years for trespassing.

If the original post up there is correct, what he did was far less severe a crime than trespassing.

A fine would be appropriate here. Decades in US federal prison most certainly is not.

Re:FIST SPORT

[ground.zero.612]

Maybe people will finally realise Aspergers isn't a real condition and an excuse for the the socially inept to not make the effort.

Some psychological, personality, and/or developmental disorders aren't fictitious. Maybe people will finally realize that and stop being facetious know-it-all assholes. Then again, maybe people like ringbarer are obvious trolls and my social ineptness and my lack of effort is the excuse for this misunderstanding.