Autism and the criminal justice system: An analysis of 93 cases
Publication Date
2022-05Journal Title
Autism Research
ISSN
1939-3792
Publisher
Wiley
Language
en
Type
Article
This Version
AO
VoR
Metadata
Show full item recordCitation
Slavny‐Cross, R., Allison, C., Griffiths, S., & Baron‐Cohen, S. (2022). Autism and the criminal justice system: An analysis of 93 cases. Autism Research https://doi.org/10.1002/aur.2690
Description
Funder: European Union's Horizon 2020 research and innovation programme
Funder: EFPIA; Id: http://dx.doi.org/10.13039/100013322
Funder: AUTISM SPEAKS; Id: http://dx.doi.org/10.13039/100000073
Funder: Autistica; Id: http://dx.doi.org/10.13039/100011706
Funder: SFARI; Id: http://dx.doi.org/10.13039/100014370
Funder: Templeton World Charitable Fund
Funder: MRC
Funder: NIHR Cambridge Biomedical Research Centre; Id: http://dx.doi.org/10.13039/501100018956
Funder: National Institute for Health Research (NIHR) Applied Research Collaboration East of England
Abstract
Abstract: We investigate whether autistic people's vulnerability is taken into account at each stage of the criminal justice system (CJS). Defense lawyers from 12 nations were included in the study although the sample was predominantly from the UK. Lawyers completed an online survey regarding one case in which they had defended an autistic client between January 2015 and January 2020; and on one case in which they had defended a nonautistic client charged with a similar offense, to provide a comparison group. Ninety‐three lawyers (85% in the UK) reported on one autistic case, and 53 also reported on one nonautistic case. 75% of autistic clients were not given reasonable adjustments during the process. Only 43% were offered an appropriate adult during police investigations, even though they had an existing diagnosis of autism. 59% of prosecution barristers and 46% of judges said or did something during the trial that made the lawyers concerned that they did not have an adequate understanding of autism. Lawyers were 7.58 times more likely to be concerned about their autistic client's effective participation in court and were 3.83 times more likely to be concerned that their autistic clients would engage in self‐harm, compared with their nonautistic clients. There is a failure to identify and address autistic peoples' disability within the CJS. There is a need for mandatory autism training for police officers and the judiciary, with a focus on identifying autism and understanding the needs of autistic people so that reasonable adjustments are offered in all cases. Lay Summary: This study sought to investigate if the needs of autistic people are being overlooked by the police and other professionals within the CJS. Results show that autistic people are not always given the support they need during police questioning or in court. The experience of being involved with the police may also have a more negative impact on autistic peoples' mental health than that of nonautistic people.
Keywords
RESEARCH ARTICLE, RESEARCH ARTICLES, autism, criminal justice, mitigation, offending, reasonable adjustments
Sponsorship
Autism Centre of Excellence (ACE) (RG93227)
SBC was also supported by Wellcome Trust (214322\Z\18\Z)
the Innovative Medicines Initiative 2 Joint Undertaking (777394 for the project AIMS‐2‐TRIALS)
Identifiers
aur2690
External DOI: https://doi.org/10.1002/aur.2690
This record's URL: https://www.repository.cam.ac.uk/handle/1810/334998
Rights
Licence:
http://creativecommons.org/licenses/by/4.0/
Statistics
Total file downloads (since January 2020). For more information on metrics see the
IRUS guide.