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will@rd
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12 Jul 2017, 1:45 pm

https://www.rt.com/op-edge/396020-cultural-incompetence-legal-defense-migrant/

Saw this story yesterday, about a foreigner judged "culturally incompetent" to stand trial because he supposedly cannot comprehend the laws he broke, coming from a different society. This particular incident aside, it got me to thinking - how fair is it for an autistic person to be judged by a jury of neurotypicals, who literally cannot understand, or even really imagine how different life is from the perspective of living 24/7 inside an autistic brain?

Would it not stand to reason that to fairly judge someone whose thought processes are demonstrably askew from the norm, an autistic defendant should require a jury of other autistics, in order to truly receive a fair trial before a jury of his/her "peers"? 8O

Discuss:


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Jono
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12 Jul 2017, 3:12 pm

I don't know but the article you linked to, in order to support your argument is ridiculous. You can't seriously tell me that coming from a different culture and not understanding American culture should be a legal defence against charges of domestic violence. That smacks of cultural relativism to an extreme level.



will@rd
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12 Jul 2017, 4:06 pm

Jono wrote:
I don't know but the article you linked to, in order to support your argument is ridiculous. You can't seriously tell me that coming from a different culture and not understanding American culture should be a legal defence against charges of domestic violence. That smacks of cultural relativism to an extreme level.


I'm sorry, what part of "this particular incident aside" did you not understand? The article was in no way indicated to "support" anything, just a jumping off point for an idea. :?

I agree the original incident is ridiculous, I never said it wasn't. I cannot imagine how a social rule like "Don't indiscriminately beat the crap out of others" is that different from one culture to another. Unless you're a Klingon. :D


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Edna3362
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12 Jul 2017, 7:30 pm

You're asking, what would it be, if a person isn't good or cannot socially integrate, and has to grasp things this person isn't aware of?

For all I know, "Ignorance is not an excuse from the law." :|

Whether be any neurology the person would have or a person grew up from another culture. It has nothing to do with expectations, only 'rules' written and unwritten within the 'territory'.

If there are specific things for foreigners, then it'll happen.
If there are specific things for autistics, then it'll happen. For better or for worse...
If not, then, the treatment would be "equal" (not so, mostly thanks to the unwritten rules) from those who are natives or NT according to said written and unwritten rules.


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cyberdad
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12 Jul 2017, 8:21 pm

will@rd wrote:
how fair is it for an autistic person to be judged by a jury of neurotypicals, who literally cannot understand, or even really imagine how different life is from the perspective of living 24/7 inside an autistic brain


Children with autism are judged everyday when they physically assault teachers and students and receive a suspension or, in some cases, expulsion from school.

There are of course lines that can't be crossed - even for those with autism - being unable to perceive sensory overload is not going to "cut the mustard" if there is a risk of harm to others



CharityGoodyGrace
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14 Jul 2017, 2:04 am

Regarding the "peers" thing: It's a joke, we're all peers really. Everyone is equal, and putting people in little groups based on a little thing such as culture or neurology is wrong.



wrongcitizen
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14 Jul 2017, 2:27 am

If they give us a list of rules we can follow them. If we break a few rules they can excuse us. But if someone with AS OR a Neurotypical murders 40 people, they deserve the punishment just like anyone else, even if that's not explicitly stated as socially unacceptable. Most of us have basic empathetic parameters, we know when to help and when to avoid hurting people. Some laws are just stupid anyways and should be removed, like no bullet proof vests on busses or whatever, as that is the kind of rule which confuses EVERYONE.