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Asperger's Disorder and Criminal Behavior: Forensic-Psychiatric Considerations

Dr. Haskins is Associate Professor of Clinical Psychiatry, Department of Psychiatric Medicine, University of Virginia, and Staff Psychiatrist, Western State Hospital, Staunton, VA. Dr. Silva is in private practice in San Jose, CA. Address correspondence to: Barbara G. Haskins, MD, Box 2500, Staunton, VA 24401. E-mail: bhaskinsmd{at}earthlink.net

Asperger's Disorder remains an under-diagnosed condition because of clinical unfamiliarity with its adult presentation. As forensic clinicians become familiar with the presentation of Asperger's disorder, it appears that affected individuals are over-represented in forensic criminal settings. Unique features of such persons may heighten their risks for engaging in criminal behavior. Both Theory of Mind deficits and a predilection for intense narrow interests, when coupled with deficient social awareness of salient interpersonal and social constraints on behavior, can result in criminal acts. We discuss comorbidities of forensic relevance. We present several cases that highlight these issues and review the relevant forensic literature. Furthermore, there may be valid questions as to degree of criminal responsibility in such persons. From a neuropsychiatric perspective, these disorders appear to have a biological underpinning for deficits in empathy, a finding that may have important repercussions when assessing remorse in criminal proceedings.

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