If people with Autism and Aspergers are so mentally unstable as to cause them to kill or collect kiddie porn then why do we let them live freely to begin with? If they are so unable to control themselves shouldn't we just lock them up in an institution from the moment of diagnosis? If this is not the case then using it as a defense should not be admissable. To allow people to get off light because they might have some pre-existing condition is discrimination against us people with properly functioning brains.

But hey, if anyone complains about my lack of empathy I can just say I might have Aspergers.

anarcurt:

But hey, if anyone complains about my lack of empathy I can just say I might have Aspergers

Welcome to the modus operandi of the internet.

I don't think "lack of empathy" is a criminal offense. You actually have to do something harmful and if you do, does it really matter how empathetic to the victim you are later?

bsharporflat:

I don't think "lack of empathy" is a criminal offense. You actually have to do something harmful and if you do, does it really matter how empathetic to the victim you are later?

I think that "empathy" generally isn't a factor when charging someone with or convicting someone of a crime, but it may be used as a factor during sentencing, at least in the United States.

I could be wrong, but I think the issue with empathy is that psychologists assume that people with a lowered capacity to feel empathy will be less likely to commit the crimes in the first place.