Autism And The Law

The casebound version of this book is out of print , but the 2019 paperback printing is now available. Autism and the Law is the first-ever comprehensive compilation of the key statutes, cases, and related legal materials on autism spectrum disorder, the fastest growing developmental disability in the United States. The legal materials and commentary in Autism and the Law stem from a variety of legal areas, with autism as the common thread. Autism is a complex medical disorder characterized by deficits in communication, social skills, and behavior. Autism appears in childhood but is a lifelong disability. The prevalence of autism is around 1 in 110 Americans, a staggering increase from just a decade ago. As a result of the exponential growth and increased awareness of the disorder, much legal reform has taken place over the past several years. Indeed, the response to the autism crisis by courts, legislatures, and administrative agencies has resulted in an explosion of published law pertaining to autism. Twenty-two states, for example, have enacted autism insurance mandates in the past three years. This book attempts to move the process of understanding and reform forward by collecting significant autism laws in the fields of health insurance, Medicaid, special education, and more into one resource. Autism and the Law is designed as a law school textbook but is also an excellent resource for state and federal policymakers as well as families struggling with autism across the country. "For lawyers, policy makers, and disability advocates, this important and timely volume on disability law provides a comprehensive overview of statutes and case law regarding autism and its relation to several major areas of law." -- Book News Inc. " . . . a most useful guide to an important public policy issue. It is the first major compilation of key cases, statutes, and other materials on the legal questions surrounding autism. Researchers reckon that about one in 110 Americans is on the autism spectrum, a much greater prevalence than in the past. No one can be sure how much of the difference stems from a true increase, as opposed to greater awareness and changes in diagnostic criteria. But there is no question that autism poses enormous legal challenges to the schools and many other institutions." -- The Claremont Institute website

This book addresses an important and relatively neglected topic in the scientific literature: individuals with autism spectrum disorder (ASD) who have dealings with the legal system. It examines issues and implications for autistic people, who have a significant risk for engagement with the legal system in some capacity (e.g., witness/bystander, victim, or perpetrator). Key areas of coverage include: Autistic people as victims and perpetrators of criminal activities, including violence, stalking, sexual exploitation, and cybercrime. Risks for unlawful behavior in individuals with autism and Asperger's. Legal assessment issues, such as witness protection and postconviction diagnoses. Legal outcomes for autistic people, including case law, prevention, service provisions in correctional settings, and rights and support systems. The Handbook of Autism Spectrum Disorder and the Law is an essential, comprehensive resource that explores the risk for unlawful behaviors affecting autistitc people as victims and perpetrators, as well as related issues of assessment and treatment, and outcome. It is a must-have reference for researchers, clinicians/practitioners, and graduate students in psychology, psychiatry, social work, and law, as well as professionals in such related fields, as criminology/criminal justice and the legal system.

Based on Nick Dubin's own experience, and drawing on the extensive knowledge of Dr Tony Attwood and Dr Isabelle Hénault, this important book addresses the issues surrounding the autism spectrum, sexuality and the law. The complex world of sex and appropriate sexual behaviour can be extremely challenging for people with autism spectrum disorder (ASD) and, without guidance, many find themselves in vulnerable situations. This book examines how the ASD profile typically affects sexuality and how sexual development differs between the general population and those with ASD. It explains the legalities of sexual behaviour, how laws differ from country to country, and the possibility for adjustment of existing laws as they are applied to the ASD population. With advice on how to help people with autism spectrum disorder gain a better understanding of sexuality and a comprehensive list of resources, the book highlights the need for a more informed societal approach to the psychosexual development of people with ASD. A ground-breaking and honest account, this book will be an invaluable addition to the shelves of parents of children with ASD, mental health and legal professionals, teachers, carers and other professionals working with individuals on the spectrum.

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.

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.

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.

Fundamental rights for all people with disabilities, education and employment are key for the inclusion of people with autism. They play as facilitators for the social inclusion of persons with autism and as multipliers for their enjoyment of other fundamental rights. After outlining the international and European dimensions of the legal protection of the rights to education and employment of people with autism, the book provides an in-depth analysis of domestic legislative, judicial and administrative practice of the EU Member States in these fields. Each chapter identifies the good practices on inclusive education and employment of people with autism consistent with principles and obligations enshrined in the UN Convention on the Rights of Persons with Disabilities (Articles 24 and 27). The book contains the scientific results of the European Project “Promoting equal rights of people with autism in the field of employment and education” aimed at supporting the implementation of the UN Convention in the fields of inclusive education and employment.