Autistic Young Man in Bar Fight Domestic Violence & Civil Orders

ABuck · Apr 22, 2015

Situation: FL. Two young men in a bar. One 25 yrs. and the other 18 yrs. and autistic. The older male starts a fight with a group of drunks after they poke fun at the autistic male. During the scuffle, one of the drunks injures the autistic male with several punches. In retaliation, the autistic male delivers a punch, knocking one of the drunks down to the ground and into a coma.

1. Typically, who would be charged with what crimes?

2. Regarding the autistic young man's charge(s), would his attorney and his clients (the young man's parents) have the option between 1) fighting the charge as self defense or 2) using his autism condition to avoid prosecution. What different options would he have?

3. Would a court-ordered therapist intervene? If so, how much influence would his opinion have? Is there ever situation where the therapist would have final say? Toward the end of the film 'Rain Man,' a court-ordered therapist is used, apparently, to determine the best home for Raymond (Dustin Hoffman). In this case, how much influence does the therapist have? I would really like to know if there is ever a case when the therapist has final say.

Thank you.

Alex

army judge · Apr 22, 2015

ABuck said: ↑

Situation: FL. Two young men in a bar. One 25 yrs. and the other 18 yrs. and autistic. The older male starts a fight with a group of drunks after they poke fun at the autistic male. During the scuffle, one of the drunks injures the autistic male with several punches. In retaliation, the autistic male delivers a punch, knocking one of the drunks down to the ground and into a coma.

1. Typically, who would be charged with what crimes?

2. Regarding the autistic young man's charge(s), would his attorney and his clients (the young man's parents) have the option between 1) fighting the charge as self defense or 2) using his autism condition to avoid prosecution. What different options would he have?

3. Would a court-ordered therapist intervene? If so, how much influence would his opinion have? Is there ever situation where the therapist would have final say? Toward the end of the film 'Rain Man,' a court-ordered therapist is used, apparently, to determine the best home for Raymond (Dustin Hoffman). In this case, how much influence does the therapist have? I would really like to know if there is ever a case when the therapist has final say.

Thank you.

Alex
Click to expand...

First of all, a therapist can testify, but that's about it.
His or her testimony is weighted, if she or he is declared an expert witness.
However, that ultimately ends up before a jury to decide.

As far as using autism as an excuse to "batter" others, it won't work.
Autism doesn't necessarily mean one doesn't know right from wrong.
Beyond that, the 18 year old autistic individual was in a bar, insofar as your hypo is concerned.
Yes, a bar, where alcohol is served.
In most jurisdictions, that simply wouldn't make a sympathetic defendant.
I tell my clients that their jury must like them, sympathize with them, and that won't happen using your approach.
However, a disease, disability, or infirmity can be used to certain defendants' advantage.

That said, EVERY case is different, and EVERY jury is different.
Therefore, one outcome won't symbolize ALL outcomes.

mightymoose · Apr 22, 2015

This sounds like homework to me.

Betty3 · Apr 23, 2015

That's what I thought also, mightymoose, when reading it.

If it's not, the clients will need to work with the lawyer & ask the lawyer all questions.

CdwJava · Apr 23, 2015

Then there's the other trouble that might arise with an underage youth in a bar. Was he drinking? Did he show false ID?

It seems an odd bit of homework ... I'm not sure what the purpose might be. If real, it's time to engage an attorney.

Betty3 · Apr 23, 2015

Just noted this also posted on another legal forum -- noted looks like homework.

cbg · Apr 23, 2015

You know that Rain Man is a movie and not real life, right?

ElleMD · Apr 23, 2015

Anyone who threw a punch can be arrested and charged with a crime. In the course of the defense, the attorney/defendant is free to raise self-defense or the diminished mental capacity if there is one.

ABuck · Apr 23, 2015

army judge said: ↑

First of all, a therapist can testify, but that's about it.
His or her testimony is weighted, if she or he is declared an expert witness.
However, that ultimately ends up before a jury to decide.

As far as using autism as an excuse to "batter" others, it won't work.
Autism doesn't necessarily mean one doesn't know right from wrong.
Beyond that, the 18 year old autistic individual was in a bar, insofar as your hypo is concerned.
Yes, a bar, where alcohol is served.
In most jurisdictions, that simply wouldn't make a sympathetic defendant.
I tell my clients that their jury must like them, sympathize with them, and that won't happen using your approach.
However, a disease, disability, or infirmity can be used to certain defendants' advantage.

That said, EVERY case is different, and EVERY jury is different.
Therefore, one outcome won't symbolize ALL outcomes.
Click to expand...

Thank you, Army Judge. This is helpful.

No, this is not a homework assignment. I graduated college approx. five years ago. My colleagues and I are inquiring after an almost identical situation occurred in a nearby town.

army judge · Apr 23, 2015

ABuck said: ↑

Thank you, Army Judge. This is helpful.

No, this is not a homework assignment. I graduated college approx. five years ago. My colleagues and I are inquiring after an almost identical situation occurred in a nearby town.
Click to expand...

You're welcome, ABUCK. We try our very best to answer questions.

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Autistic Young Man in Bar Fight Domestic Violence & Civil Orders

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