Abstract
PurposeThe purpose of this paper is to explore how judges perceive High Functioning Autistic Spectrum Disorders (hfASDs) and the disorders’ effects on an offender’s ability to formulate criminal intent and control behaviour.Design/methodology/approachSemi-structured interviews on topics related to offenders with hfASDs were conducted with 21 California Superior Court Judges. A coding scheme was developed and an iterative qualitative coding process was used for analysis.FindingsAnalysis yielded three major themes on how an hfASD diagnosis affects an offender’s ability to regulate actions and criminal behaviour. Interviewed judges reported beliefs that hfASD offenders view the world in a different way and that much of their behaviour is not under their direct control. Judges reported these perceptions likely affect how they criminally process and make legal decisions regarding offenders with hfASDs.Research limitations/implicationsThe sample size was small and therefore no statistical significance can be drawn from results; findings cannot be applied to perceptions or experiences of the entire California Superior Court Judge population.Originality/valuePast academic research reports that individuals with hfASDs that offend often do so because of specific symptoms associated with the disorder. This presents a complex dilemma for the criminal justice system regarding how best to understand the disorder and process these offenders. This study and its findings aim to shed light on issues judges encounter in determining these offenders’ responsibility and sentencing, in what ways this information might be integrated into judicial decision making, and areas where future research is needed.
Highlights
There has been academic disagreement about the relationship between Autistic Spectrum Disorders (ASDs) and criminality, most individuals diagnosed with High Functioning Autistic Spectrum Disorders[1] are law-abiding citizens who rarely commit criminal acts (Ghaziuddin et al, 1991; Murrie et al, 2002; Woodbury-Smith et al, 2006; Browning and Caulfield, 2011)
Each offender diagnosed with an ASDs is different and should be processed and assessed individually by the court, the majority of individuals with High Functioning Autistic Spectrum Disorders (hfASDs) who exhibit criminal behaviour are thought to do so as a presentation of or in association with the symptoms of their disorders, related to poor impulse and motor control, narrow fixation on specific interests, theory of mind deficits, and a lack of understanding of social cues, personal space, and the effects of one’s behaviour on others (Murrie et al, 2002; Barry-Walsh and Mullen, 2004; Howlin, 2004; Haskins and Silva, 2006; Attwood, 2006; Kristiansson and Sorman, 2008; Browning and Caulfield, 2011)
As judges have an immense amount of power over the freedom, future, and treatment of offenders that pass through their courtrooms (Stewart, 2003), these findings aim to provide a window into how judges understand and perceive hfASDs as they relate to criminal
Summary
There has been academic disagreement about the relationship between Autistic Spectrum Disorders (ASDs) and criminality (for a comprehensive review of this research, see Browning and Caulfield, 2011), most individuals diagnosed with High Functioning Autistic Spectrum Disorders (hfASDs)[1] are law-abiding citizens who rarely commit criminal acts (Ghaziuddin et al, 1991; Murrie et al, 2002; Woodbury-Smith et al, 2006; Browning and Caulfield, 2011). Diagnosed offenders may be unaware of the harm they cause and not understand why they are facing criminal charges. This calls into question the existence of criminal action and criminal intent in offenders with hfASDs and, correspondingly, offenders’ legal responsibility and the legal consequences they ought to face (Freckelton, 2011)
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