Autism in Courtrooms: A Scoping Review of Criminal Court Opinions in Legal Cases Involving Autism

• In Event: Autism in the Criminal Justice System: Trends, Experiences, and Future Directions

Abstract

Objective: This study systematically reviewed court opinions in criminal cases involving autism in the United States to address knowledge gaps in courtroom experiences and outcomes of autistic individuals.

Methods: Westlaw and LexisNexis databases were systematically searched for judicial opinions and caselaw that mentioned autism, Asperger’s, or autism spectrum disorder between June 23, 2017, and June 25, 2020. Key information was extracted and coded for each included opinion. Descriptive analyses elucidated trends in setting, jurisdiction, and charges. Content analysis identified themes for the role of autism in each opinion.

Results: 61 opinions were identified during the study period. Homicide or attempted homicide and child pornography possession or distribution were the most prevalent allegations against autistic individuals. Sexual or indecent assault or abuse encompassed most allegations by autistic individuals. For autistic defendants, sentencing considerations and ineffective counsel were common themes, while autism heightened the case severity for autistic complaining witnesses.

Conclusions/Implications: Findings reveal common charges alleged against or alleged by autistic individuals to guide policy intervention. Themes suggest a need for increased awareness of sexual victimization against autistic adults and alternative sentencing settings to better support rehabilitation. Education and training for legal professionals are crucial given frequent ineffective counsel claims.

Authors

• Dylan Cooper, A.J. Drexel Autism Institute

• Emily Zimmerman, Drexel University

• Jordan Hyatt, Drexel University

• Lindsay Shea, Drexel University