Wired for Trouble: The Criminalization of Neurodivergence

• In Event: Lightning Talk: Crime and the Body: Biological, Psychological, and Emotional Considerations

Abstract

As public awareness of neurodivergence grows, it is critical to examine how existing criminal justice policies and procedures affect individuals with diverse neurological profiles. Neurodivergence refers to cognitive and neurological functioning that diverges from neurotypical norms, encompassing conditions such as Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), and Dyslexia. These individuals may experience communication challenges, executive functioning, and emotional regulation, making legal processes especially difficult to navigate. However, the criminal justice system often fails to accommodate these differences, relying instead on rigid, neurotypical expectations that result in disproportionate arrest rates, harsher sentencing, and limited access to meaningful support. This paper argues for a reimagined justice framework grounded in clinical understanding, individualized care, and interprofessional collaboration. Key reforms include mandatory training for legal professionals, the adaptation of legal tools to suit neurodivergent needs, and the expansion of diversion programs that prioritize rehabilitation over punishment. Only by addressing these structural inequities can the system begin to offer fair and humane treatment to all individuals, regardless of neurotype.

Author

• Kaitlyn Nicole Pitt, Marymount University