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UPDATE: Saturday, June 12, 2010      The Japan Times Weekly    2006年10月28日号 (バックナンバー)
 
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Autistic youth sentenced to 12 years
for murder


The Osaka District Court on Oct. 19 sentenced an 18-year-old youth to 12 years in prison for killing an elementary school teacher and injuring two other staff members with a knife in February last year, rather than sending him back to family court.

The focus of the trial was on how the court would handle a youth who was twice diagnosed with a type of autism -- first during the investigation and then during the trial.

On the youth's psychiatric disorder, which makes it difficult for him to communicate with others, presiding Judge Nobuyuki Yokota said the youth needs to receive an education individually in prison so that he will be able to adapt better to life in society after serving his time.

While ruling the youth "deserves criminal punishment" due to the heinousness of the crime, Yokota said, "In light of his immaturity and his unusual mental condition, we cannot treat him the same way as we would adults."

It is rare for a court to address the question of the criminal responsibility of a juvenile with a developmental disorder.The prosecutors had called for life imprisonment, the severest punishment possible for the defendant, who was 17 at the time of the murder. They said the defendant "used a highly lethal knife to stab people without hesitation. It was obvious he was fully aware that the victim was going to die."

The prosecutors argued that the defendant, whose name is being withheld because he is a minor, is mentally competent to take responsibility for the crime and that the level of his disability is minimal.

The court said it is "very likely that the youth had acted with murderous intent," judging from the shape of the knife and where on their bodies he stabbed the victims. The youth denied intent to kill in the first hearing.

The defense counsel argued that the youth's behavior cannot be understood unless his disability is taken into account.

"The youth should be made to take responsibility after he is taught to realize what he has done," the defense counsel said, asking that he be sent to a correctional facility.

The Japan Times Weekly: Oct. 28, 2006
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