Autism And Criminal Justice

This book focuses on autism spectrum disorder (ASD) in the criminal justice system. Rather than being the perpetrators of offending behaviour, individuals with ASD are more likely to be the victims of crime. However, there is nevertheless a small subset of individuals with ASD who do offend, and this book provides an in-depth understanding of how certain features of ASD may provide the context of vulnerability to engaging in a number of types of offending behaviours. Chapters focus on arson or fire-setting; cybercrime (e.g., hacking); online sexual offending such as the viewing of indecent child imagery; offline sexual offending; violent crime; stalking; terroristic behaviour (including radicalisation and extremism); bestiality or zoophilia; and also extreme violence such as mass shooting and serial homicide. This book also outlines the ways in which a defendant with ASD may present in court and how they may exhibit behaviour which could be misinterpreted and perceived negatively, leading to an unfair trial. Lastly, it discusses the need to identify the impact that ASD can have on the capacity to form the requisite criminal intent and offers appropriate court adaptions to support individuals with ASD during court proceedings. This book is ideal for criminal defence lawyers and practitioners in psychology, psychiatry, and social work as well as policy makers and reformers.

For autistic people who find themselves facing a criminal charge, understanding how the features of autism may have contributed to their behaviour can be vital context for their defence. In this insightful book, Nick Dubin explores how and why autistic people get caught up in the criminal justice system. He delves into what steps can be taken to prevent autistic people committing crimes and what should be done to ensure their fair and appropriate treatment if they are charged with a crime. It covers everything from prevention to the aftermath of sentencing, including available counselling and therapy. Nick's personal experience and meticulous research shows that criminal justice can be an oppressive system that misunderstands and stigmatizes autistic people, especially low-risk individuals and those with less criminal responsibility.

Increasing numbers of people with autism and other developmental disabilities are being convicted of sex offences, resulting in draconian and public punishment. Yet even when evidence shows that people with these conditions often pose little threat to society, or lack a core understanding as to why their actions break the law, the "sex offender legal regime" doesn't allow any room to take the disability into account. This ground-breaking book offers a multi-disciplinary examination of how unjust sex offense laws trap vulnerable groups such as those with developmental disabilities. Drawing on research, empirical evidence and including case studies, experts from the fields of law, ethics, psychology and sociology explore what steps should be taken in order to ensure that laws are just and take into consideration factors such as the vulnerability of the perpetrators. Investigating the consequences caused by public hysteria over sex offenses, this book highlights the judicial failure to protect defendants with developmental disabilities in the context of the unjust and hyper-punishment of all those charged with sex offenses. Proposing a new way forward based on research and evidence-based sentencing for sex offenses, and elimination of the sex offender registry, this book offers an informed and compassionate view that is essential for all professionals working in this field.

This collection presents a summary of current knowledge regarding autistic suspects, defendants and offenders in the criminal justice system of England and Wales. The volume examines the interaction between each stage of the criminal justice process and autistic individuals accused or convicted of crime, considering the problems, strengths and possibilities for improving the system to better accommodate the needs of this vulnerable category of neurodiverse individuals. By explicating the core issues in this important but disparate area of study in a single place, the collection facilitates understanding of and engagement with knowledge for a wider audience of relevant stakeholders, including criminal justice practitioners, policy makers, academics and clinicians. It also incorporates key recommendations for improvement, thereby clarifying the urgent need for substantive change in policies and practices. The ultimate goal is to both improve the treatment and experience of autistic people subjected to criminal justice processes; and produce fairer, more appropriate systemic outcomes. While focused on the criminal justice system of England and Wales, the work will be valuable for researchers and policy makers working in similar systems, as well as those interested in neurodiversity more generally.

An Important Contribution to Understanding Autobiographical and Eyewitness Memory in Those with ASD and the Unique Legal Challenges They Present This book offers an in-depth discussion of how autobiographical and eyewitness memory operate in individuals with Autism Spectrum Disorder (ASD) and provides unique insights into current challenges faced by legal professionals, forensic psychologists, clinicians, and others who extend services to those with ASD. Throughout the book, authors demonstrate why a nuanced understanding of autobiographical and eyewitness memory is required when assessing individuals with ASD, given the developmental, social, and cognitive deficits at play. Authors review current legal services and structures, and explore ideas on whether and how modifications can be made to meet the needs of all individuals who seek and deserve justice, including individuals with ASD. The Wiley Handbook of Memory, Autism Spectrum Disorder, and the Law is sure to spark debate within the mental health and legal communities, while advancing knowledge on the role of key clinical features of ASD in autobiographical and eyewitness memory. The book is distinct in its exploration of ways in which the legal system, with its formal yet inherently social infrastructure and regulated due process demands, should offer services to those with ASD. Of note, authors question if current policies and practices, such as reliance on interviewing protocols standardized for typically developing individuals, are adequate. The book is divided into three sections with the first providing a discussion of theoretical viewpoints on how memory functions in those with and without ASD, and providing a specialized consideration of developmental issues. A second section reviews empirical evidence, followed by a third and final section addressing legal and clinical considerations, including techniques for interviewing individuals with ASD. The first book offering an expert, science-based review of autobiographical and eyewitness memory research on those with ASD and the associated legal challenges Provides thought-provoking, informative, often debated observations on memory in ASD from an international team of experts Offers summaries of what is known about memory abilities in those with ASD as well as what is left unknown that future researchers will need to address and that legal professionals should consider. A book that does much to advance the research frontier in the study of memory in ASD and application to the legal system, The Wiley Handbook of Memory, Autism Spectrum Disorder, and the Law is important reading for academic researchers, clinicians, judges, jurors, law enforcement officials, and public policy makers alike.

Having Autism Spectrum Disorder (ASD) can - given certain situational conditions - make individuals more vulnerable to becoming caught up in criminal activity and vulnerable to unfavourable interactions once in the criminal justice system. Guided by empirical research, psychological theory and illustrative case studies involving adults with ASD who have been implicated in crimes, Robyn L. Young and Neil Brewer explain why. They examine the pivotal cognitive, social and behavioural characteristics unique to ASD (such as weak Theory of Mind, restricted interests and acute sensory sensitivities) that - individually or in interaction - may contribute to individuals becoming involved in illegal activities. They then discuss how these same characteristics can result in ongoing ineffective interaction with the criminal justice system. Arguing that the forensic assessment of individuals with ASD requires substantial redevelopment to clarify the key deficits contributing to criminal behaviour, the authors highlight the need for, and desirable nature of, intervention programs to minimize the criminal vulnerability of adults with ASD and to prepare them for interactions with the criminal justice system. A final section raises some major unanswered questions and issues for future research. This book will be of immeasurable interest to criminal justice professionals including probation officers, social workers, clinical and forensic psychologists, police officers, lawyers and judges, as well as students of these professions.

Working with Autistic People in the Criminal Justice and Forensic Mental Health Systems: A Handbook for Practitioners is the first book to focus specifically on best practice for working with autistic people in criminal justice and forensic mental health settings. Integrating current theory, research, and clinical practice, this book provides a practical guide for multidisciplinary practitioners working with autistic people who have offended, at all stages in their pathway, regardless of the nature of offending. The book draws together contributions from leading scholarly and clinical experts in the field of autism and forensic issues as well as the views of autistic people under the care of forensic services. Each chapter focuses on understanding the impact of autism throughout the criminal justice and forensic mental health system pathways, including how these systems are experienced by autistic people and their families and carers. Case studies and practical approaches are provided to demonstrate the application of best practice to working with autistic people in secure settings. This book appeals to a wide audience within the fields of psychology, psychiatry, nursing, occupational therapy, speech and language therapy, as well as criminal justice staff (e.g., prison and probation), and will be the first of its kind to amalgamate theory, research, and practice in the area of autism and offending.

Law and Neurodiversity offers invaluable guidance on how autism research can inform juvenile justice policies in Canada and the United States. In Canada, the diversion of youth away from formal processing has fostered community-based strategies for serving those with autism. US policies rely more heavily on formal responses, often employing juvenile custody facilities. Building on a rigorous exploration of how assessment, rehabilitation, and community re-entry differ between the two countries, Law and Neurodiversity offers a much-needed comparative analysis of autism and juvenile justice policies on both sides of the forty-ninth parallel.