Hacker with Aspergers Syndrome – a form of Autism Gary McKinnon is one step closer to extradition to the United States from the UK. UK Home Secretary Alan Johnson has refused to hear an appeal from McKinnon’s lawyers. The appeal claimed that extraditing McKinnon to the United States from the UK would violate his civil rights. Gary McKinnon has claimed he will kill himself if extradited to the United States to face trial for his crimes of bringing down United States Military and Space Program computers.
Gary McKinnon
The ‘Free Gary’ movement as the group of people who claim Gary McKinnon should not be extradited is called claims the United States will not take McKinnon’s Aspergers Syndrome diagnosis into consideration when sentencing him for his crimes. Recently the United States sentenced another computer hacker with Aspergers Syndrome, and they took his diagnosis into consideration and sentenced the criminal to a much more lenient sentence.
So I have to ask myself – is the whole McKinnon drama more about the UK not being happy with the United States regarding its war on terrorism, or is it really about the rights of those with Autism?
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“So I have to ask myself – is the whole McKinnon drama more about the UK not being happy with the United States regarding its war on terrorism, or is it really about the rights of those with Autism?”
Good and interesting question. Could well be a politics thing.
Either way, I fail to see how Asperger’s should exempt him from being charged. Yes, I know aspies have social issues, and lapses in ‘common sense’, but I don’t think this qualifies as a social ineptness issue, and I think it goes a little beyond a lapse in common sense. Um, don’t hack into US Military computers.
I think this movement is obviously being misrepresented in your media if the message is coming across that people don’t want him to stand trial.
The main problem people have is the one sidedness of the extradition treaty. If he were a US citizen who had hacked the UK Ministry of Defense it is unlikely that he would be extradited here, because the agreement has only been signed in one direction.
There is doubt over whether the distress caused at being tried so far from home would get in the way of there being a fair trial. For that reason it is felt he should be tried in the courts in the UK. The crime was committed in the UK, and so the argument goes, it should be prosecuted here.
Does anyone know if the question of where the crime was committed has been resolved in the courts? It’s an important question, because as Rankersbo observed I think it was in the UK – after all, that was where Gary was when he did what he did.
But if the US Military is claiming damage to their system is the cause of action, I just wonder if in fact this should be heard criminally. That sounds like a civil action to me, which does not attract a jail term in the US (see for example the civil action against OJ Simpson).
Does anyone know which it is?
In the US the crime is always committed at the location of the victim.
I think, essentially, while he has got some of the detail wrong, Zack is right on the fact that this is not an aspergers issue- it’s an issue about an unfair, one sided extradition treaty. Aspergers forms only part of the argument as to why it would be fairer on everyone to try the case here.
The UK is not a rogue state with kangaroo courts, depite what more extreme news outlets would have you believe.
I think this shows we are not all the same. My experience as an aspie, is that I usually see past the emotive interpersonal stuff that shrowds the details of an issue. I’m often treated angrily for treating issues rationally and fairly, when some neurtypicals would prefer me to have an emotive knee-jerk reaction.
Then why is the fact he has Aspergers a major reason that he should not be extradited?
The distress caused by being tried in a foriegn country would impede his ability to defend himself and therefore impinge on his right to a fair trial.
Everyone is innocent until proved guilty, and is entitled to a fair trial.
As far as the prosecution are concerned, there is no reason the trail should not be conducted in the UK. We have excellent court facilities of which they can make use.
Why shouldn’t his trial take place in the UK?
I do not know but it all sounds like a bunch of bs to me! You committed a crime. And I’m sorry, having AS does not keep you from knowing right and wrong, obession or not! I happen to have an obession with history. This does not mean I’m going to be breaking in to the Smitsonian anytime soon!
And if he truly is that clueless, he has more going on then just AS!! Not to mention this gives the curbies more fire power to use against us. “See, they don’t understand right from wrong, they are a burden and must be cured!” *rolls eyes* I could slap him for giving them more ammo!
Not to mention the fact that he hacked into our military intelligence system! The US goverment would be idiots to not take that seriously! I don’t give a shit what this guy has or doesn’t have, it does not give him the right to do that! Everything a person does, either good or bad, has it’s consequences, and just because he has AS does not mean that he is exempt from his!
And that is Theo’s rant.
There is little argument that he should not be tried.
The argument is that he should be tried here in his own country.
There is no reason why that should not happen.
Yes there is. The crime was not perpetrated against his own goverment. It was perpetrated on OURS! And therefore, as the US was the victom of the crime so to speak, we have the right to try him! Why would his own goverment try him for something that didn’t have anything to do with them? That doesn’t make any sense to me.
That’s actually an argument against extradition. The court in a trial should be impartial, seeking the truth. They shouldn’t be biased toward the victim.
There wasn’t any serious harm done, other than wounding of the pride of the pentagon. McKinnon has highlighted weaknesses in such a way that it is often argued he did them a favour.
That’s really not the point. What if he had gotten a hold of more serious information and someone hacked his computer?! It is not a minor crime to hack into a country’s defense system! I’m sorry! And the country wronged has the right to be the one’s to seek justice.