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From the Associated Press:
A judge ruled Monday that an autistic teenager is not competent to stand trial in the fatal beating of his doting mother and should remain in the treatment facility where he has been living for several months.
Portage County Common Pleas Judge John Enlow said Sky Walker, 18, is guilty of murdering his mother in January but should be institutionalized for his protection. All charges against him were dismissed.
At a hearing last week, prosecutors and defense attorneys said they agreed with a mental health evaluation that concluded Walker is unable to help in his defense. His attorneys had argued that Walker, who was kept in a restraint chair and wore a mask to keep him from spitting at deputies, cannot carry on a conversation.
To be deemed competent, a defendant would have to understand the charges against him and be able to help in his own defense.
The AP article refers to five earlier cases in the United States: two defendants were convicted and sent to prison, two were sent to prison ‘mental health units,' and one was acquitted.
What should happen when person with autism commits murder?
Much like with other questions about autism, there is no single answer. Because there is such a wide spectrum of ability and skills, one autistic person may knowingly commit murder and be a danger to others while another might not know what he was doing and, with education and training, learn to be safe and gentle.
Part of this comes down to a fundamental question about incarceration: Do we imprison as punishment, to set an example to others, to protect society, or all of the above? It seems at times that each of these reasons, sometimes by themselves, sometimes in conjunction with others, fits the bill.
Interestingly enough, some things about prison might not be so bad. Many autistic people find comfort in routine and prison sure has a lot of that.
Of course, I don't know how well anyone, autistic or not, would be treated by guards and other inmates. The food always looked pretty bad too(at least it did in every prison movie I've seen). It's hard to imagine that anyone, regardless of neurodevelopment, would enjoy incarceration.
If an autistic person kills someone and is a danger to others, some form of imprisonment makes sense, even if the person does not know what he did. Hopefully the prison mental health units referred to in the AP article would be sufficient.
One thing is for sure: there is no scenario where a person with autism should join the general prison population.
