Legal Decision-Makers in Cases Involving Defendants with Autism Spectrum Disorder: A Review of Research and Call to Action
摘要
Autism Spectrum Disorder (ASD) is a spectrum of neurodevelopmental disorders marked by impairments in social interactions, communication, hypersensitivity, and systematic patterns of behavior. Although the large majority of individuals with ASD are law-abiding, many individuals with ASD continue to become involved in the criminal-legal system as defendants each year. However, research indicates that legal decision-makers in court are often unaware of the potential forensic significance of ASD, which could lead to adverse legal consequences for diagnosed defendants. This chapter provides a thorough overview of how and why defendants with ASD create challenges and issues for decision-makers in criminal cases, including a discussion on the forensic relevance of ASD and its symptomatology to both offending and courtroom behaviors, a review of the limited existing literature on the perceptions and decision-making of potential jurors, judges, and attorneys in cases involving defendants with ASD, and an examination of different stages of the criminal-legal process in which ASD may be forensically significant. Finally, this chapter provides three recommendations for decision-makers on how to potentially reduce negative legal consequences and outcomes for defendants with ASD, as well as calls for and identifies areas of future research at this nexus.