Should Aspergers Hacker Be Extradited To The US?

Should Gary McKinnon Be Extradited To The US?

  • Yes

    Votes: 3 37.5%
  • No

    Votes: 5 62.5%

  • Total voters
    8

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Peter Parka

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Minister lends support to hacker
Welsh Secretary Peter Hain has suggested that British computer hacker Gary McKinnon should face trial in the UK rather than be extradited to the US.
He told the Daily Mail the offence was committed "on British soil" and should be "assessed in a British context".
Mr McKinnon's mother Janis Sharp said Mr Hain's words were "refreshing", but the Lib Dems called on the government to do more to prevent the extradition.
The 43-year-old is accused of hacking into US military computers in 2001/02.
Denies malice
Authorities in the US say Mr McKinnon accessed 97 government computers belonging to organisations such as the US Navy and Nasa.
They also claim he caused damage costing $800,000 (£487,000).
Mr McKinnon, who has Asperger's Syndrome, admits hacking, but says his actions were not malicious or damaging, and he was actually looking for information on UFOs.
He could face 60 years or more in prison if convicted.
Last week, he lost his latest appeal against extradition when two High Court judges ruled it was "a lawful and proportionate response" to his offence.

For Peter Hain to stand up and talk from the heart was so refreshing
Janis Sharp Gary McKinnon's mother
Mr Hain told the Mail the law was "just following its course," but said he "would have preferred it if I had been in the position to have a say on this".
"We could then have had a position where it could have been assessed in a British context - after all, he was sitting in his bedroom by a computer, as a kind of computer geek zapping the American defence system and therefore he was committing an offence on British soil," he said.
Home Secretary Alan Johnson said last week Mr McKinnon was accused of "serious crimes... immediately following the 9/11 attacks".
But Mr McKinnon's mother told GMTV: "I was so upset when the home secretary spoke about 9/11, spoke about the people who died and mentioned Gary's name.
"It was almost like he was trying to incriminate him in some way, so for Peter Hain to stand up and talk from the heart was so refreshing."
Leading lawyers
Mr Johnson has said it would be illegal for him to intervene in Mr McKinnon's case, but the Lib Dems claim he does have the power to do so.

Home affairs spokesman Chris Huhne said: "Now that leading lawyers have made it clear that they believe Alan Johnson has the power to stop the extradition of Gary McKinnon, the Home Office can't persist with its claim that he is powerless to act.
"Even Cabinet ministers like Peter Hain are concerned about the home secretary's claim.
"The Home Office must now publish the legal advice on which he is making this claim or find a different set of lawyers."
Lawyers for Mr McKinnon say his Asperger's Syndrome means the stress of extradition could result in psychosis and suicide.

Story from BBC NEWS:

It seems to me like the US are rightly embarressed about this but want to make an example of the poor guy. They should be glad that it was only someone looking for little green men from Mars and not someone trying to cause real damage. Of course what he did is wrong but his aspergers should be seriously taken into consideration and the whole thing should be kept in context. It's like trying to compare someone who breaks into your house, steals all your stuff or breaks it all to someone who breaks into your house, just makes a cup of tea and then leaves.
 
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Alien Allen

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Sorry Peter but on this one I gotta disagree. This is serious stuff he did and there is no excusing it based on his condition. As to whether he should be tried here or in Britain that is an interesting question.
 

Peter Parka

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Sorry Peter but on this one I gotta disagree. This is serious stuff he did and there is no excusing it based on his condition. As to whether he should be tried here or in Britain that is an interesting question.

Aspergers is a recognized condition. I'm not saying he should be completely excused for what he did but to say that his aspergers shouldn't come into what he did , strikes of ignorance.
 

Minor Axis

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Forum Readers, when you make a poll, any poll, you need at least 3 options maybe 4- afirmative, negative, undecided, other. Consequently I have not voted. :)

He needs to stand trial. I don't have a strong opinion on where it should be held and I don't have a strong opinion on what his punishment should be without sitting and listening to both side's presentations.
 

Alien Allen

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Aspergers is a recognized condition. I'm not saying he should be completely excused for what he did but to say that his aspergers shouldn't come into what he did , strikes of ignorance.
I am aware it is a recognized condition and also that you have it. I am not really ignorant. I just don't think it should be as big of a determining factor as you do with regard to punishment.
 

Dana

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His Asperger's syndrome should have no roll in this article... That's like me commiting a crime being of sound mind and blaming it on my Hydrocephalus.
 

Peter Parka

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His Asperger's syndrome should have no roll in this article... That's like me commiting a crime being of sound mind and blaming it on my Hydrocephalus.

Wtf are you talking about? Aspergers is a mental condition. :confused

Exactly HOW does Aspergers affect ones ability to commit a criminal offense?

People with Aspergers get so focused on something the're interested in that everything else goes right out the window that other people would be aware of, including the fact that they might be committing a criminal offense. Because of that, you've got to take account of this guys intent, he wasn't trying to cause malicious damage, just look for evidence of little green men from Mars.
 

Veronica

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im alittle biased, so I cant comment. :( but no, i dont think he should be extridited. He can be tried in the uk
 

ssl

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i say yes.

only because of the exposure to the "illness"...

personally, i think he should get a slap on the wrist... then a job offer
 

Meirionnydd

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His Asperger's syndrome should have no roll in this article... That's like me commiting a crime being of sound mind and blaming it on my Hydrocephalus.

To be proven guilty of a crime in it's entirety, there has to be a level of intent on behalf of the offender.

Obviously yes, this person did commit a crime, but he may be able to claim a defense of 'diminished responsibilty'. As this person's mental condition has the ability to impair the individuals decision making, as such, this individual cannot be completely liable for the offense.

Looking upon the details of the case, there is no way this person will be sentenced to a long haul in prison. At least that's what i'm hoping anyway.
 
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