1 in 45 children in the United States are diagnosed with a form of ASD (Autism Spectrum Disorder). The term Autism originates from the Greek …show more content…
Insanity law is any kind of change to the judicial system based on the defendant’s mental state. There have been many various legal tests over the years, all of which have been criticised. Most judicial systems base it off the case of Daniel M’Naghten. “In M’Naghten’s Case (1843) the English judges held that “to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused as labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.” Some U.S. courts went further and also relieved from responsibility one moved by an “irresistible impulse””(Norton). Still these measures aren’t enough. In Mack v. Western Australia a defendant with autism was convicted of murder on the circumstantial evidence. This man was unable to properly understand what was happening and didn’t go with a plea deal to lower his sentence. This shows that judicial systems are ill prepared to deal with autistic defendants or any defendant of any mental health