There is a growing recognition of autism spectrum disorder (ASD) within the criminal justice system. There is increased recognition that the ability to negotiate the criminal justice process may be particularly complex and difficult for individuals with ASD. This can be exacerbated by the hidden nature of their impairments in that their relatively good verbal abilities may mask their underlying socio-communicative impairments. Therefore, when being interviewed by police or while being questioned during court proceedings, vulnerabilities in adults are not always identified.
There is an increasing number of studies which are highlighting the features of ASD which can contribute to the individuals engaging in different types of offending behaviours, in particular, sexual offending behaviour (e.g., the viewing of indecent child images, hands on sexual offending). Autistic defendants may exhibit unusual or maladaptive behaviours during offending or court proceedings by which may be misinterpreted leading to potentially prejudicial impressions. Research to date and caselaw show that judges are often not aware of the potential significance of ASD. For instance, how certain features of ASD can contribute to, or impact on, the defendants’ offending and courtroom behaviour.
It is crucial to inform the jury of the autistic defendant’s ASD diagnosis as it may help the jury understand their presentation during the court proceedings. Expert testimony provided to the jury regarding the defendants ASD diagnosis and how it presents in that particular defendant is vital in order to mitigate any negative perception the jury has of the apparent negative demeanour and lack of remorse exhibited by the defendant. If this is not provided it can have obvious detrimental and have negative consequences to them such as longer sentences, etc. A long sentence may be particularly damaging for someone with a diagnosis of ASD.
This event will explore these issues from a psychological and legal perspective.