It was about a teenager with Asperger’s (known to me only as Max. Mock trial characters generally don’t have a gender given, so that teams have flexibility in who plays what character. In this case, though, Max isn’t allowed to appear in person.) who, along with a close friend, took the friend’s grandmother’s car without permission. They were supposed to be repairing and washing it, as they had done multiple times before; Max hotwired it. They drove a short distance and stopped at a pizza parlor. The grandmother noticed the car was gone and called the police immediately, so they were found eating lunch and admitted to taking the car. No harm done to anything. Apparently someone thought Max having a special interest in cars was relevant to the case.
One of Sparkly’s friends said he couldn’t do the prosecution’s side on this case, because something about him caring about autistic people. And oh, I really hope he doesn’t think something shitty behind that. There are sensitive ways to handle this defense, I think, and maybe even to bring up autism in it, but there are also really bad ways.
Claiming that someone did something wrong because they are incapable of knowing better is not necessarily doing them a favor– not unless they really are completely incapable.
Normally, when someone does something wrong and we think they’re responsible, we expect one of two things to happen. Either being punished will teach them to stop and they won’t do it again of their own free will, or we’ll figure out that they are determined not to stop and we’ll forcibly prevent them from doing it again.
Claiming that someone isn’t responsible sort of bridges this divide. If someone doesn’t and can’t know better, we don’t think they deserve to be harshly punished, but we do want them to be forcibly prevented from doing it again– because what other choice is there? They aren’t going to learn to stop. For their own good and everyone else’s, someone has to make them.
Obviously this isn’t a case where we’d expect that to happen officially. Not if this is the first time Max has done anything like this. But.
The attitude that people like Max need to be controlled for their own good is plenty widespread already. They are put into institutions, put into special schools that are essentially institutions, kept under their parents’ legal guardianship even as adults. Caregivers who ought to think of themselves as friends or relatives or employees think they have the right to make decisions for them, to control what they do and who they see, to help them do things but only things the carer approves of. Even when they nominally have control, they are taught by people around them that they aren’t competent and shouldn’t trust themselves. In these big ways and also in innumerable small ways, they are prevented from making their own choices even when they are capable of doing so.
If you claim that Max couldn’t know better because Max has Asperger’s… you’re trying to get Max out of this charge, yeah, but you’re also saying that Max shouldn’t really be free.
—–
And on the other side of it, you’re contributing to a narrative that often helps people who really could change get away with doing harm. The idea that someone who “can’t help” doing something harmful should just be excused and tolerated by the people around them is bad all around.
- Nobody should feel obligated to tolerate something that’s seriously hurting them, wherever they decide that boundary of seriousness is, and whether or not the person hurting them can help it or not.
- People who deliberately act badly have an easier time hiding from accountability.
- People who have a condition that’s supposedly an excuse to act badly, but are actually decent, are given a bad reputation that they don’t deserve.
- People who could have learned better (excuse or no) don’t get told what they’re doing wrong or how to do better, so it’s harder for them to learn.
- And they get people-who-tolerate-them when they could have genuine friends, not because they are actually irredemable, but because other people don’t believe in them enough to ask them to change! That’s ridiculously awful.
—–
I don’t think Max should be punished more than minimally. But I think that because Max is young. I think this is a case of “teenager assumes they can get away with anything and somehow it’ll be fine”, and no harm was done, and I think Max will learn better, as well as any teenager will, from being caught and given minor consequences and a good talking to. This is the kind of exception we regularly make for teens. Autism doesn’t need to come into it.