Navigating Neurodiversity: Public Perceptions of Juvenile Adjudicative Competency in Cases Involving Autism Spectrum Disorder (ASD)

• In Event: Public Opinion and Decision-Making in the Context of Courts and Sentencing

Abstract

The legal system assesses adjudicative competency based on a defendant’s ability to understand legal proceedings and assist in their defense, yet these standards often overlook the cognitive and developmental differences of neurodivergent juveniles. This study examines public perceptions of juvenile competency, focusing on age and an Autism Spectrum Disorder (ASD) diagnosis. Using a randomized vignette-based experiment, 500 U.S. adults were recruited via Prolific and assigned to one of six conditions varying by age (11, 14, or 17) and ASD diagnosis (present or absent). The assessment items were developed based on the Dusky standard and prior research on juvenile competency. By analyzing how public perceptions align with or diverge from legal standards, this study provides insights into how neurodevelopmental disorders influence competency assessments. Findings may inform legal practitioners and policymakers on the importance of developing tailored adjudicative competency evaluations that account for the unique cognitive, social, and emotional needs of neurodiverse youth. Additionally, the study highlights whether public attitudes reflect current legal guidelines. As public opinion plays a key role in shaping legal policies and reforms, these insights contribute to broader discussions on improving fairness and protections for neurodiverse individuals in the justice system.

Authors

• Carolina R. Caliman, Rutgers University School of Criminal Justice

• Colleen Berryessa, Rutgers University