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Print 17 comment(s) - last by William Gaatje.. on Dec 31 at 9:07 AM

A long-wanted criminal by the U.S. federal government hopes to avoid an even longer prison sentence by claiming he is autistic

A hacker who led one of the largest credit card fraud rings in the world is seeking a reduced sentence by claiming he suffers from Asperger's Syndrome, a rare form of autism.

Albert Gonzalez has admitted to investigators that he has hacked into computer networks used by TJX, Sports Authority and BJ's Wholesale Club.  According to his attorney, Dr. Barry Roth was hired to give Gonzalez a psychiatric evaluation, which led him to question if the accused hacker had the "capacity to knowingly evaluate the wrongfulness of his actions and consciously behave lawfully and avoid crime."

"Mr. Gonzalez's offenses are at least in part correlated to an internet compulsion ... and impaired judgment," said Martin Weinberg, one of his attorneys, according to media reports.  "Fifteen years is a severe sentence that more than corresponds to the gravity of this man's offenses."

After pleading guilty, Gonzalez now faces 15 to 25 years in federal prison, but Dr. Roth's psych evaluation may lead to a lesser sentence.  His attorney is seeking a sentence closer to 15 years, but nothing has been guaranteed.  He was supposed to be sentenced on Monday, but the court will wait while prosecutors look over the medical evidence.

Another hacker, Briton Gary McKinnon, has hoped to avoid extradition to the United States on the grounds that he'd be inhumane since he too suffers from Asperger's.  Furthermore, a different hacker in Los Angeles received a 55-month sentence -- less than he potentially faced -- after it was found he suffered from Asperger's.



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Two sides to responsibility
By crackedwiseman on 12/20/2009 8:18:35 PM , Rating: 5
As a person who "suffers" from Asperger's myself, I find these defenses to be completely baseless, and more than a little insulting.

Yes, Asperger's presents a somewhat unique set of challenges throughout life, but it all boils down to simple, everyday difficulties. I don't think I've met anyone ("normal" or otherwise) who doesn't have their own collection of everyday difficulties. Are my difficulties any worse than anyone else's? I am not really qualified to judge that. The only thing that makes my problems special is that they have a name, which makes them sound official.

But when you abdicate responsibility for wrongdoing based on these problems, no matter the severity, many people forget that you also give up the claim you have to the positive things you've done in life. I do believe that there are mental conditions which render a person unaccountable for their actions - I just don't believe that this is one of those conditions.

If we attribute this criminal's negative actions to this syndrome, the same logic can be used to attribute positive actions by others with similar circumstances to Asperger's. In reality though, no matter the legal precedent, the situation is this: if I do good, I do good. If I do bad, I do bad. If I screw up, I screw up. But whatever I do, it is always me doing it. By all accounts, this is a functioning individual, unimpaired by anything but his own greed - Asperger's is simply a coincidental sidenote. Treat this douchebag accordingly.




RE: Two sides to responsibility
By bohrd on 12/21/2009 12:10:02 PM , Rating: 4
I agree!

But take it one step further. When someone claims insanity during a trial, they do not just get to leave and live their life. They can be forced to live in a mental hospital for treatment.

I think if someone wants to claims Asperger's/Autism for their hacking problems, they should be sent to a hospital for treatment.

If you claim you cannot take responsibility for your actions because of a medical problem then you should not be allowed to function in normal society.


RE: Two sides to responsibility
By Yawgm0th on 12/21/2009 3:13:55 PM , Rating: 2
6


RE: Two sides to responsibility
By adiposity on 12/21/2009 5:31:15 PM , Rating: 4
You find it insulting, huh? Maybe you should read the last paragraph for a real insult:

quote:
Another hacker, Briton Gary McKinnon, has hoped to avoid extradition to the United States on the grounds that he'd be inhumane since he too suffers from Asperger's . Furthermore, a different hacker in Los Angeles received a 55-month sentence -- less than he potentially faced -- after it was found he suffered from Asperger's.


RE: Two sides to responsibility
By killerroach on 12/22/2009 9:50:51 AM , Rating: 2
Having Asperger's myself, the fact that this cretin is hiding behind that as an excuse for his behavior would make me, if I were the judge hearing the case, be inclined to give him the maximum sentence allowed by law.

Ultimately you must be accountable for your own actions.


RE: Two sides to responsibility
By William Gaatjes on 12/25/2009 4:12:24 PM , Rating: 2
I agree.

Although people with asperger sometimes have to fight the inner (emotional and instinctive)beast a lot more, it also can mean that an asperger has more control over his or hers body then they know. Knowing yourself and accepting your weakness you posses makes the benefits of being an asperger much more prevalent. Theoretically Aspergers can get more easy into trouble then "normal" people because of inner frustrations. And also because of an extremely positive attitude and everlasting positive view of the people around you. When you are young and insecure you are bound to make mistakes, and when you have people (parents for example) around you reacting emotionally on your wrong doings and not using logic to explain what's wrong with your behaviour or decisions you might get more socially withdrawn while being more angry and frustated all the time. For an asperger this can be the case.

On the other hand, most aspergers have a strong tendency to gather information. All i can say, most "mental illnesses" are not a disease that needs to be cured. When you are young you are depended on the people around you. But when you get older and the raging hormones are starting to loose their strength your logical mind should be powerful enough to make the right decision on your own.


By William Gaatjes on 12/31/2009 9:07:45 AM , Rating: 2
http://www.cnn.com/2008/HEALTH/conditions/03/28/au...

This lady has a wonderful way of explaining...


RE: Two sides to responsibility
By Sonikku13 on 12/26/2009 9:58:45 AM , Rating: 2
One of the issues that is addressed in Ender's Game is morality. Your intent determines if you are good and if you are not good. This means that it's not the disability that determines it, it is your intent. Based on the article, he was stealing credit cards, for what? The Miami Herald says that he had "14 computers, $400,000 in cash, six firearms, and even a marijuana farm." Obviously he used it for personal gain, and not to use the money in a fair and just way, which would be very hard to find a way to justify identity theft in today's society. He's guilty, his disability should have no effect on his punishment, as I have it too.


I have ADD
By Reclaimer77 on 12/20/2009 9:56:00 PM , Rating: 4
And I blew up a building. Hey, I got bored ok ? Please have mercy and reduce my sentence.




RE: I have ADD
By bigdawg1988 on 12/21/2009 1:12:49 AM , Rating: 3
Hey, I'm an *sshole. Do I get time off for committing crimes too?


RE: I have ADD
By Manch on 12/21/2009 10:57:34 PM , Rating: 2
How much of a reduction for being black and angry?


RE: I have ADD
By HVAC on 12/24/2009 9:53:38 AM , Rating: 3
For being black and angry you get your sentence reduced from 349 years or life down to 138 years or life.

Have a nice day!


I don't know
By honkyMcSchnozell on 12/22/2009 7:51:54 PM , Rating: 2
15 years is still a long time for a crime of this nature. You can rape and murder and get less in many countries, not that this is many countries I know. 25 years for fraud is over the top imo anyhow.




RE: I don't know
By bodar on 12/23/2009 8:52:38 PM , Rating: 2
I'll be sure to mail you a framed copy of this if you ever have your identity stolen.


I was...
By JonnyDough on 12/22/2009 3:30:52 AM , Rating: 3
beaten by my father as a boy and it makes me a jerk. If I get drunk and run someone over its either my father's fault, or the alcohol mmmK?




In other news...
By wise2u on 12/23/2009 4:23:56 PM , Rating: 3
Prosecutor claims hacker has Attention Deficit Disorder and that his 5 year sentence will seem much shorter to the accused, seeks longer sentence.




Way to often
By TheEinstein on 12/21/2009 11:37:11 PM , Rating: 2
The system is about finding an 'escape clause' for those who can get the good lawyers, while others must serve the full sentence.

This is wrong.




"This is about the Internet.  Everything on the Internet is encrypted. This is not a BlackBerry-only issue. If they can't deal with the Internet, they should shut it off." -- RIM co-CEO Michael Lazaridis

















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