Legal Defense of Defendants with Autism Spectrum Disorder in the U.S.: An Analysis of Legal Professionals

• In Event: Psychology, Social Contexts, and Decision-making in Courts

Abstract

While previous research indicates that individuals with Autism Spectrum Disorder (ASD) continue to get involved in the criminal-legal system as defendants, empirical studies have demonstrated that decision-makers are often unaware of the impact of ASD symptomology on both offending and courtroom behavior. Additionally, research conducted overseas has indicated that legal professionals are often unaware of adjustments that may be made to accommodate diagnosed clients in court. This study, utilizing qualitative analysis and semi-structured interviews with a national sample of defense attorneys, investigates the perceptions and experiences of defense lawyers surrounding the legal representation of defendants with ASD in criminal cases. This work examines if and how defense attorneys learn about ASD, any prior experiences working with diagnosed clients, its potential impact on how they view their roles as “zealous advocates,” how they consider and/or provide representation to defendants with ASD, and, ultimately, ways that defense attorneys might perpetuate, but also potentially combat, bias towards diagnosed defendants in criminal courtroom settings. The findings of this study provide awareness about the knowledge of legal professionals on ASD and help to illuminate potential efforts on how best to provide training on interacting with diagnosed clients and maximizing their positive courtroom experiences.

Authors

• Carolina R. Caliman, Rutgers University

• Colleen Berryessa, Rutgers University