ISSN: 2161-0231 (ONLINE)

Autism Spectrum Disorder in the Criminal Justice System:

A Review for Caregivers and Professionals
Jerrod Brown, MA, MS, MS, MS; Bethany Hastings, MA, AT, Laura Cooney-Koss, Psy.D.,
M.CJ., Deb Huntley, PhD, Dawn Brasch, Gabrea Anderson, BS, Ryan Chukuske, MA,
Cheryl Arndt, PhD & Aaron Trnka, MA, Phyllis Burger, Ed.S, Julie Martindale, BA.

Abstract

Autism Spectrum Disorder is the fastest growing developmental disability in the United
States. Characterizations can include: impaired social skills, disordered communication
abilities, and repetitive or obsessive behavior. Symptoms may place individuals at
greater risk for involvement in the criminal justice system. Parents, defense attorneys,
and other advocates must actively educate criminal justice professionals (e.g., judges,
prosecutors, and probation officers) about Autism Spectrum Disorder. Successful
advocacy may minimize the likelihood of adverse consequences and prolonged
involvement in the criminal justice system.

Keywords: Autism Spectrum Disorder (ASD), criminal justice system, legal professionals
 Autism Spectrum Disorder in the Criminal Justice System/ 2

Autism Spectrum Disorder in the Criminal Justice System:

A Review for Caregivers and Professionals

Autism Spectrum Disorder (ASD) is the fastest growing developmental disability in the
United States (Centers for Disease Control & Prevention, 2015; Van Naarden Braun et
al., 2015) with rates of diagnosis increasing 10-17% per year (Baio, 2014). The Centers
for Disease Control (CDC) estimates one in every 68 individuals has been diagnosed with
ASD in the general population (2015). Although the exact causes of ASD are unknown,
symptoms usually appear prior to age three, with a growing number being diagnosed in
all age groups.
Individuals with ASD share varying degrees of common characteristics,
including, but not limited to, a lack of social skills, disordered communication abilities,
and repetitive or obsessive behaviors (Allen et al., 2008; American Psychiatric
Association, 2013; Lecavalier, 2016; Mayes, 2003; Woodbury-Smith, Clare, Holland,
Kearns, Staufenberg, & Watson, 2005). The most common manifestation of ASD is
impaired social skills (Anckarsäter, Nilsson, Saury, Rastam, & Gillberg, 2008). For
example, some individuals with ASD may fail to respond to their name, avoid eye contact
with others, and may have difficulty initiating or maintaining appropriate social
interactions. Some may have difficulty understanding what others are thinking or feeling
(Anckarsäter et al., 2008; Higgs & Carter, 2015), which might appear as having a lack of
empathy. This difficulty is primarily driven by a limited ability to identify and decipher
social cues (i.e., tone of voice or facial expressions) (Higgs & Carter, 2015), often due to
brain structure or neurological chemistry (Ramachandran & Oberman, 2006). While as
many as 38% of those with ASD may have impaired cognitive functioning, difficulty
with communication and lack of social skills does not presume an intellectual disability
coexists (Baio, 2012).
Experts estimate as many as 25% of children with ASD may never develop verbal
language skills (Baio, 2014; Philip, Dauvermann, Whalley, Baynham, Lawrie, &
Stanfield, 2012). Individuals with ASD may display non-traditional social skills that
persons other than their caregivers may not understand. Even the most highly
functioning or mildly impacted individuals diagnosed with ASD, who obtain verbal
language, may have difficulty communicating, particularly when subjected to the stress
and anxiety of complex and ambiguous situations like an emergency event (The National
Autistic Society, 2008). Autism Spectrum Disorder is a life-long disorder with varying
degrees of impairments present into adulthood, especially in the absence of appropriate
services and supports (Allen, Evans, Hider, Hawkins, Peckett, & Morgan 2008; Hall &
Bernal, 1995; Payne & Hollin, 2014). With difficulty communicating and understanding
social norms, problematic outcomes may occur including involvement in the criminal
justice and legal systems (Crane, Maras, Hawken, Mulcahy, & Memon, 2016).

ASD and the Criminal Justice System

Individuals with ASD may be more likely to enter the criminal justice system
compared to the general population (Allen et al., 2008; Cashin & Newman, 2009;
Freckelton, 2013; Kroncke, Willard, & Huckabee, 2016; Scragg & Shah, 1994). Those
entering the criminal justice system can do so as a witness, victim, suspect, or perpetrator.
www.jghcs.info (2161-0231 ONLINE) JOURNAL OF LAW ENFORCEMENT, VOLUME 5, NUMBER 5

 Autism Spectrum Disorder in the Criminal Justice System/ 3

Deficits commonly associated with ASD and other secondary conditions that may
contribute to criminal justice involvement for this population includes: social skill
limitations, limited range of interests, obsessional tendencies, and disruptive behaviors.
Comorbid mental health and substance misuse disorders among individuals with ASD
may indirectly bring the individual into contact with the criminal justice system
(Alexander et al., 2015; Freckelton, 2012; Langstrom, Grann, Ruchkin, Sjostedt, & Fazel,
2009). Impaired social skills can cause conflict because an individual may not
understand appropriate social norms of interaction, misunderstand personal space, lack
appropriate conversation skills, or have limited understanding of cause-effect and
consequences. A limited range of interest could lead to criminal acts when the interest is
focused on atypical or socially unacceptable acts, such as fire setting, pornography,
hoarding, and stealing. This could also include a fascination with a particular person,
possibly leading to stalking or unwelcome sexual advances. Aggressive behaviors by
those with ASD may lead to criminal justice involvement (Freckelton, 2012; Haskins &
Silva, 2006), to include: self-injurious behaviors (e.g. head-banging, hitting or biting
oneself), grabbing, hitting, kicking, pinching, scratching, biting, throwing objects, and
property destruction, particularly when placed in over-stimulating, chaotic, or unfamiliar
situations.
Recognizing someone with ASD is not as easy as simply looking at the individual.
At first encounter, criminal justice professionals may believe they are coming into
contact with a neurotypical individual (i.e., a person of the mainstream population who
does not have a developmental or cognitive disorder). It may seem the individual is not
cooperating or resisting an officer, but in reality they may not understand the situation
due to ASD associated impairments. Many criminal justice professionals are often ill
equipped to recognize and understand how ASD impacts the way the individual feels,
thinks, and acts. Some believe the inappropriate behaviors (resulting from ASD) that
result in law violations can be “corrected” or “rehabilitated” with traditional criminal
justice based approaches. These professional often try to convince the individual to adopt
normative behaviors without truly grasping the nature of this disorder (Allen et al., 2008).
All professionals working within the justice arena (e.g., corrections, law
enforcement, legal, probation) must acquire the necessary training and skills in order to
better recognize and understand how ASD impacts the arrest stage, criminal trial process,
confinement, and community supervision. Typically, individuals with ASD need
advocates, such as parents, caregivers, defense attorneys, medical or treatment personal,
or expert witnesses, who understand their disability (King & Murphy, 2014). Such an
increased awareness among advocates and professionals should lead to improved
outcomes for individuals with ASD who become involved in the criminal justice and
legal systems.

Juvenile Involvement in the Criminal Justice System

Deficits associated with ASD may contribute to involvement in the criminal

justice system at an early age (King & Murphy, 2014; Kroncke, Willard, & Huckabee
2016). Federal law requires public schools to provide special education services to
students with disabilities in the least restrictive environment possible (Individuals with
Disability Education Act, 1997). Nonetheless, school staff members often rely on law
www.jghcs.info (2161-0231 ONLINE) JOURNAL OF LAW ENFORCEMENT, VOLUME 5, NUMBER 5

 Autism Spectrum Disorder in the Criminal Justice System/ 4

enforcement (e.g. school resource officers) for assistance when a student with a disability
displays behavioral problems (e.g., aggression, making threats, or attempting to leave
school premises). It is not uncommon for a child with ASD to have contact with the
criminal justice system as a result of aggressive behaviors. One study found over two-
thirds (68%) of children with ASD had aggressed towards caregivers, such as parents,
family, and teachers (Kanne & Mazurek, 2011). These behaviors may be a product of the
symptoms of ASD, such as feeling frustrated with the lack of ability to communicate,
feeling anxious, uncontrollable impulsiveness, or a reaction to hyper or hypo-sensitivity.
In fact, a child with ASD may not yet understand his or her body and unknowingly
regress to primitive actions to express themselves, especially when under stress.
Once law enforcement becomes involved, caregivers may lose much control over
the situation (Mayes, 2003). Few juveniles understand their right to remain silent
(Miranda Rights) and often make self-incriminating or false statements (Freckelton,
2013; Woodbury-Smith & Dein, 2014). These statements, along with other evidence
such as interviews with school staff are sometimes forwarded to a prosecuting attorney
for review. The decision to charge a juvenile with a crime is then in the hands of a single
individual. This individual may not have information regarding the disability or how it
affects the juvenile’s behavior or decision-making processes (Crane, Maras, Hawken,
Mulcahy, & Memon, 2016; Freckelton, 2013; King & Murphy, 2014; Mayes, 2003). If
the situation proceeds to juvenile court, parents/guardians, defense attorneys, and other
advocates must play significant roles in educating legal professionals about the juvenile’s
disability at the earliest stages possible (Freckelton, 2013). Before proceeding in any
case involving an individual with a cognitive impairment or developmental disability,
competency must be determined if they are to be tried for a crime.

Competency Testing. Competency tests typically focus on a juveniles’ ability to:

(1) consult with his or her attorney with a reasonable degree of rational understanding
and; (2) have a rational and factual understanding of the proceedings against him or her
(Bath, Reba-Harrelson, Peace, Shen, & Lie, 2015; Mayzer, Bradley, Rusinko, & Ertelt,
2009). A juvenile that does not possess these two basic abilities may be declared legally
incompetent and not tried on the law violations in their present case (Bath et al., 2015;
King & Murphy, 2014; Mayzer et al., 2009). Competency evaluations need to be
performed by qualified professionals (i.e., licensed psychologists or psychiatrists) who
understand the entire legal process (Pirelli, Gottdiener, & Zapf, 2011). If not satisfied
with the competency evaluation report, the judge may permit an evaluation by another
qualified expert.

Sentencing. In juvenile court, the sentencing or “dispositional” phase of a case

presents an opportunity to educate the judge about appropriate sentencing options for
defendants with ASD (Freckleton, 2013; Woodbury-Smith & Dein, 2014).
Consequences range from community service, confinement to a detention center, or
obtaining treatment to address such issues as anger management or chemical dependency
(Woodbury-Smith & Dein, 2014). Preparing courts to better understand the complexities
of ASD in juvenile justice populations place judges in positions to make better-informed
decisions within this special population. This could enhance community safety by
ensuring the individual with ASD is sentenced appropriately due to his or her disorder’s
www.jghcs.info (2161-0231 ONLINE) JOURNAL OF LAW ENFORCEMENT, VOLUME 5, NUMBER 5

 Autism Spectrum Disorder in the Criminal Justice System/ 5

impairments, in turn reducing the individual’s risk for re-offending. If probation is a

consequence, probation officers should seek education regarding the juvenile’s diagnosis
(Freckelton, 2013; Mayes 2003), allowing the parameters of probation at reasonable and
understandable goals for someone with ASD. Terms of probation may require frank and
direct communication, perhaps with visual guidelines, to reduce the parameters of
probation being misinterpreted or misunderstood.

Adult Involvement in the Criminal Justice System

Adults with ASD face similar challenges in the criminal justice system as juveniles
(Freckleton & List, 2009; Lerner, Haque, Northrup, Lawer, & Bursztajn, 2012). Police
officers, prosecutors, and probation agents generally expect law violators to develop
insight into their unlawful actions and be able to display normative behaviors. However,
this might not be possible for some adults with ASD. The court may also look for the
defendant to exhibit remorse for the crimes he or she has committed. Likewise, some
individuals with ASD may have difficultly comprehending the offense or showing
remorse for their actions. In some instances, the individual may appear to be un-
empathetic, possibly due to the impairments causing disengagement from others
(Shamay-Tsoory, Tomer, Yaniv, & Aharon-Peretz, 2002). Similar to juveniles, adults
may benefit from having advocates who understand their disability and can help them
effectively navigate the criminal justice system (Bishop, 2008; Cea, 2014; Freckelton &
List, 2009; Browning & Caulfield, 2011). Such advocates may include professionals
from the criminal justice system, as well as family, friends, or community members.

Competency. Autism Spectrum Disorder must be understood at all stages of the

criminal justice system, especially when someone with the disorder is accused of a crime.
As in juvenile court, an attorney for an adult defendant with ASD may request a
competency evaluation. If the individual does not meet the standards for legal
competency, the state will typically dismiss the case or suspend prosecution of the
defendant (Batten, 2010). Depending on the severity of the crime, a prosecutor may
request a hearing at a later date, allowing mental health professionals to attempt to restore
the defendant’s competency (Batten, 2010; Stepanyan, Sidhu, & Bath, 2016). A
determination by a judge stating a defendant has been restored to capacity, may allow the
state to resume prosecuting the individual (Batten, 2010).

Sentencing. Sentencing is particularly sensitive for individuals with ASD (Katz

& Zemishlany, 2006; R v MDW, 2001), because many factors are taken into account to
ensure liability for the charged wrongful action is accurate. Some important factors to
consider may be mental age (versus actual age), accountability of actions, subjectivity to
vulnerability, such as manipulation or persuasion, and the lack of understanding of social
norms and legal laws. Adults with ASD convicted of a crime will often receive
community supervision (i.e., probation and parole), incarceration, or a combination of the
two (Cea, 2014; Shtukaturov v. Russia, 2008). A defense attorney may negotiate a plea
agreement with a prosecutor that does not require the individual to serve a prison
sentence. If no such plea agreement can be made, the judge’s decision determines if the
defendant should serve a sentence. At a sentencing hearing, a defense attorney has the
www.jghcs.info (2161-0231 ONLINE) JOURNAL OF LAW ENFORCEMENT, VOLUME 5, NUMBER 5

 Autism Spectrum Disorder in the Criminal Justice System/ 6

opportunity to argue why probation is a more appropriate consequence than prison. The
attorney may also introduce exhibits (e.g., treatment plans) and call witnesses (e.g.,
treatment providers and employers) to testify in support of the defendant. Another
crucial step in this process is the use of assessments completed by skilled clinical
professional. These individuals should be able to effectively communicate to the court
the defendant’s mental functioning level and the impact ASD has on the defendant’s
actions.
A main concern for adults with ASD in the criminal justice system is whether they
can be successful if placed on community supervision. A sentence of probation means
the individual’s incarceration time is stayed for a certain period of months or years. The
individual will never be incarcerated on charges if conditions of probation are complied
with. Typical conditions of probation may include:
• Regularly reporting to a probation officer
• Electronic home monitoring
• Completing chemical dependency treatment
• Abstaining from alcohol and chemicals
• Taking medications as prescribed
• Getting permission from a probation officer before leaving the state if need be
• Paying restitution
• Having no contact with the victim
• Performing community service
• Maintaining full-time employment or student status
• Attending regularly scheduled programming or treatment
• Sustaining from committing any other violations or unlawful acts

This array of probation conditions can be quite difficult for individuals with ASD to
manage, due to communication impairments and social deficits. Consequences for
probation violations can include: additional community service, in-patient chemical
dependency treatment, or even incarceration. If probation violations are frequent and
severe enough, a judge may revoke probation and order the person to serve the full period
of incarceration. To prevent such outcomes, advocates may be used to support and help
individuals’ complete probation. This network of advocates and professionals may also
play a role in explaining to the judge how the individual’s deficits may have contributed
to problematic behaviors and poor decision-making.

Recognizing Signs of ASD

An online document created by Joel Lashley (2009) provides useful information

for criminal justice professionals when encountering an individual with ASD (see
http://www.autismsocietyofwa.org/v2/wp-content/uploads/2011/09/Autism-Guide-for-
Police-Officers-0311.pdf).
1. “Stimming” – self-stimulating behavior that is more unusual or extreme, such as
hand-flapping, body-rocking, twirling, or repetitive speech.
2. Repetition – repetitive behaviors that may be related to “stimming” but could also
include behaviors with objects, such as spinning objects or lining them up in
patterns. Lashley noted that these behaviors should not be interfered with.
www.jghcs.info (2161-0231 ONLINE) JOURNAL OF LAW ENFORCEMENT, VOLUME 5, NUMBER 5

 Autism Spectrum Disorder in the Criminal Justice System/ 7

3. Acclimation – many individuals need to acclimate to an unfamiliar environment.

This can include wandering around, touching objects, or touching people. They
may also invade personal space, but the goal for these individuals is to make sure
the environment is safe.
4. Delayed response – In response to commands, they may react more slowly.
Lashley noted this is not due to stubbornness, but rather an increase in time
needed for processing the information and complying with commands.
5. Dissociated speech – Some have no or limited ability to communicate verbally.
Others may reply with seemingly meaningless answers or discuss irrelevant
topics. This is not an attempt to be noncompliant, but instead is an attempt to
socialize given the skills possessed.
6. Unusual tone of voice – Tone and volume of voice may not be appropriate for the
situation. For example, the voice may be too loud or soft, they may interrupt or
talk over others, or the voice may not demonstrate the appropriate emotion for the
situation (or be monotone).
7. Lack of eye contact –may make little or no eye contact. This is not a sign of
disrespect or lack of attention and individuals interacting with them should not
force eye contact on someone with autism.
8. Unusual or unbalanced gait –may have an unsteady stance or gait and difficulty
balancing (Lashley, 2009, pp. 6-17).

Education and Training for Criminal Justice Staff

Multiple online resources exist about ASD for criminal justice and law
enforcement professionals, such as Autism Speaks, which provides information,
advocacy, and research in the area of ASD. The section titled “Resources for Law
Enforcement” provides training videos, presenters, and other helpful information. Many
state operated or funded organizations exist that provide comprehensive online
information that may be helpful for criminal justice professionals. Additional sources
include: professional journals, such as the Journal of Autism and Developmental
Disorders, books, videos, and experts willing to present on the topic of ASD, (e.g.,
psychologists, parents, social workers, and psychiatrists).

Discussion

Preemptive measures aimed at preventing juveniles or adults with ASD from

entering the criminal justice system are imperative. Many factors can lead a juvenile or
adult with ASD to become involved in the criminal justice system. For example, a
teacher or neighbor may call the police regarding maladaptive behaviors at school or in
the neighborhood. Once a call is initiated, the person with ASD will likely come in
contact with multiple professionals, such as the police officer who may interview them or
the prosecutor assigned to their case. An incident leading to involvement in the criminal
justice system can be stress provoking and confusing for the individual, due to
impairments associated with the disorder. Some of these impairments include difficulty
comprehending social interactions and advocating for themselves throughout the various
stages of the criminal justice process. With advocates such as parents, caregivers, and
www.jghcs.info (2161-0231 ONLINE) JOURNAL OF LAW ENFORCEMENT, VOLUME 5, NUMBER 5

 Autism Spectrum Disorder in the Criminal Justice System/ 8

attorneys who understand the ASD diagnosis and impairments of the disorder, an
individual with ASD may feel more supported and his or her limitations can be readily
communicated to all involved.
Criminal justice professionals should become aware of ASD and recognize the
influential actions and behaviors that often contribute to criminal justice and legal
involvement. Archer and Hurley (2013) suggest autism awareness training for all public
sector staff (i.e., law enforcement professionals, probation officers, judges, teachers,
paramedics, social workers, prison health and education staff, accident and emergency
staff, child protective services). Future research efforts are needed in formulating
trainings and informative measures for criminal justice professionals to better understand
disorders such as ASD. Criminal justice professionals with advanced knowledge and
competencies regarding ASD are better equipped to make more informed interviewing,
diversion, sentencing, and probation decisions for individuals impacted by this disorder.

About the Authors:

Jerrod Brown, MA, MS, MS, MS, is the Treatment Director for Pathways Counseling
Center, Inc. Pathways provides programs and services benefiting individuals impacted by
mental illness and addictions. Jerrod is also the founder and CEO of the American
Institute for the Advancement of Forensic Studies (AIAFS), and the Editor-in-Chief of
Forensic Scholars Today (FST). Jerrod holds graduate certificates in Autism Spectrum
Disorder (ASD), Other Health Disabilities (OHD), and Traumatic-Brain Injuries (TBI).
Jerrod is certified as a Youth Firesetter Prevention/Intervention Specialist, Thinking for a
Change (T4C) Facilitator, Fetal Alcohol Spectrum Disorders (FASD) Trainer, and a
Problem Gambling Treatment Provider. Jerrod is currently in the dissertation phase of his
doctorate degree program in psychology. Correspondence can be sent to:
jerrod01234brown@live.com

Bethany Hastings, MA, AT, is a Lead Therapist and the art therapist at the Lazarus
Project, Plymouth, MN, working with clients with Autism Spectrum Disorder. She has
her master’s degree in Adlerian Psychology with a duel degree in Art Therapy (AT) and
License Professional Counseling (LPC). Bethany is currently working towards LPC
licensure and board certification in AT. Email correspondence: brhast08@smumn.edu

Laura Cooney-Koss, Psy.D. M.CJ., is a licensed Clinical Psychologist in Delaware and

New Jersey. She is the owner and Clinical Director of Forensic Associates of Delaware,
LLC. The clinicians in this practice specialize in conducting psychological evaluations
for a variety of legal referral questions and providing training for the community and
professionals on forensic clinical issues. Prior to beginning her practice, Laura spent
eleven years as a clinical psychologist in a medium security male prison in New Jersey
where she engaged in supervisory, administrative, and clinical functions.
Correspondence: cooneylk@att.net

www.jghcs.info (2161-0231 ONLINE) JOURNAL OF LAW ENFORCEMENT, VOLUME 5, NUMBER 5

 Autism Spectrum Disorder in the Criminal Justice System/ 9

Dr. Deb Huntley teaches in the Social and Behavioral Sciences department at Concordia
University, St. Paul. She is a licensed psychologist with an emphasis in child and family
issues. In addition to teaching, she has worked in children’s shelters, residential facilities
for adolescents and chronically mentally ill adults, private practice, juvenile detention
programs, outpatient child and adolescent clinics, and has consulted with a state adoption
agency. She is currently a member of the editorial review board for The Family Journal
as well as Forensic Scholars Today. Correspondence: huntley@csp.edu

Dawn Brasch has been involved with the Autism Society of Minnesota (AuSM) for more
than 20 years. She currently is an AuSM Education and Training Specialist and is the
Senior Director of Finance and Operations. Brasch also parents a young adult on the
spectrum. Committed to serving families and individuals in the autism community, she
has conducted numerous emergency preparedness autism training sessions for first
responders, teaches the adolescence-focused Life with Autism Series, and has served on
AuSM's Board of Directors. Correspondence: dbrasch@ausm.org

Gabrea Anderson, B.S., has been working with adolescents for 18 years focusing on
youth corrections, residential mental health treatment, and adolescent sexual offender
treatment. She is a Mental Health Practitioner with Northern Pines Mental Health
working in a school setting. She is currently pursuing a master’s degree in Forensic
Mental Health. Correspondence: andersog2@csp.edu

Ryan Chukuske, MA, PhD Candidate, is a training director for a forensic facility in
Minnesota. Prior to his current position, he worked as a clinical program therapist for ten
years treating sex offenders with impaired cognitive functioning. Ryan is also an adjunct
college professor for the Graduate Forensic Mental Health program at Concordia
University in St. Paul, MN. Ryan has a Bachelor of Science degree in Criminal Justice, a
Master of Arts degree in Sociology, and is completing his Doctorate in Human Services
with a Criminal Justice concentration. Correspondence: ryan.chukuske@hotmail.com

Cheryl Arndt PhD is a community psychologist and the Director of Performance

Improvement for KidsPeace--a national provider of children’s mental health and juvenile
justice services. Dr. Arndt is widely experienced in program development, management,
and evaluation, and in qualitative and quantitative research. Current research interests
include clinical outcomes measures (including for clients who have sexually offended)
and prevention of child maltreatment. Dr. Arndt has been a peer reviewer for Psychology
of Women Quarterly since 2012. She is Co-Chair of the Outcomes Work Group for a
statewide children’s mental provider association in Pennsylvania and Co-Chair of the
Early Career Psychologists group for the American Psychological Association’s Section
on Child Maltreatment. Correspondence: Cheryl.Arndt@kidspeace.org

Aaron J. Trnka, MA, LMFT, MN is a Board Approved Supervisor Clinical Director, &
CEO Lighthouse Psychological Services, Inc., Fridley, Minnesota. Aaron has been
practicing psychotherapy for over ten years. He specializes in treating special needs
adults who have issues of sexuality. Aaron has a focus on trauma and is EMDR
certified. Correspondence: aarontrnka@lighthousepsych.org
www.jghcs.info (2161-0231 ONLINE) JOURNAL OF LAW ENFORCEMENT, VOLUME 5, NUMBER 5

 Autism Spectrum Disorder in the Criminal Justice System/ 10

Phyllis Burger, Ed.S., Doctoral Graduate Student is currently on faculty at Concordia

University, St. Paul in the Department of Graduate Teacher Education. She teaches and
writes curriculum for the Masters of Arts in Education programs with an emphasis in
Mental Health. Her work in public education includes Elementary Principal, Educational
Consultant, and Director of Special Education Programs. She has worked with
incarcerated women, and mental illness and domestic violence programs. She serves on
the Board of Directors for Progress Valley, Bloomington Minnesota and is on the Peer
Review Panel for Forensic Scholars Today (FST). Phyllis is also a Lead Event
Coordinator (LEC) with the American Institute for the Advancement of Forensic Studies
(AIAFS). Correspondence: burger@csp.edu

Julie Martindale, BA, is a consultant and trainer in the areas of disability, FASD and
Adoption related issues. As a parent of a son with autism, she has worked as a parent-to-
parent advocate for families as they seek appropriate educational, social, and legal
services for their child with autism and other disabling conditions. Her graduate work has
focused on child psychology and education. Additionally, she serves on the Ethics
Committee at Children’s Hospital Minnesota and speaks to medical professionals
regarding health care practices and those with an ASD diagnosis. She has volunteered
with ARC Minnesota, North American Council on Adoptable Children (NACAC), and
served on the STARS Children’s Mental Health board of directors. Correspondence:
mmartindale0066@msn.com

References

Alexander, R. T., Chester, V., Green, F. N., Gunaratna, I., & Hoare, S. (2015). Arson or
fire setting in offenders with intellectual disability: Clinical characteristics,
forensic histories, and treatment outcomes. Journal of Intellectual and
Developmental Disability, 40(2), 189-197.
Allen, D., Evans, C., Hider, A., Hawkins, S., Peckett, H., & Morgan, H. (2008).
Offending behavior in adults with Asperger syndrome. Journal of Autism and
Developmental Disorders, 38(4), 748-758. doi:10.1007/s10803-007-0442-9
American Psychiatric Association. (2013). Diagnostic and statistical manual of mental
disorders (5th ed.). Washington, DC: Author.
Anckarsäter, H., Nilsson, T., Saury, J., Rastam, M., & Gillberg, C. (2008). Autism
spectrum disorders in institutionalized subjects. Nordic Journal of Psychiatry.
62(2), 160-167. doi:10.1080/08039480801957269
Archer, N., & Hurley, E. A. (2013). A justice system failing the autistic community.
Journal of Intellectual Disabilities and Offending Behaviors, 4(1/2), 53-59.
doi:10.1108/JIDOB-02-2013-0003.
Baio, J. (2012). Prevalence of Autism Spectrum Disorders –Autism and Developmental
Disabilities Monitoring Network, 14 sites, United States, 2008. Centers for
Disease Control and Prevention: Morbidity and Mortality Weekly Report,
Surveillance Summaries, 61, 1-19.

www.jghcs.info (2161-0231 ONLINE) JOURNAL OF LAW ENFORCEMENT, VOLUME 5, NUMBER 5

 Autism Spectrum Disorder in the Criminal Justice System/ 11

Baio, J. (2014). Prevalence of autism spectrum disorder among children aged 8 years -
Autism and developmental disabilities monitoring network, 11 sites, United
States, 2010. Centers for Disease Control and Prevention: Morbidity and
Mortality Weekly Report. Surveillance Summaries, 63(2), 1-22.
Bath, E., Reba-Harrelson, L., Peace, R., Shen, J., & Liu, H. (2015). Correlates of
competency to stand trial among youths admitted to a juvenile mental health
court. The Journal of the American Academy of Psychiatry and the Law, 43(3),
329.
Batten, D. (2010). Incompetency. In A. Lastname (Ed.), Gale Encyclopedia of American
Law. 3rd ed. (Vol. 5) (pp. 396-398). Detroit, MI: Gale.
Bishop, D. (2008). An examination of the links between autistic spectrum disorders and
offending behaviour in young people. Internet Journal of Criminology, 1-32.
Browning, A., & Caulfield, L. (2011). The prevalence and treatment of people with
Asperger's syndrome in the criminal justice system. Criminology and Criminal
Justice, 11(2), 165-180. doi:10.1177/1748895811398455
Cashin, A., & Newman, C. (2009). Autism in the criminal justice detention system: A
review of the literature. Journal of Forensic Nursing, 5(2), 70-75.
doi:10.1111/j.1939-3938.2009.01037.x
Cea, C. N. (2014). Autism and the criminal defendant. St. John's Law Review, 88(2), 495-
530.
Centers for Disease Control and Prevention (2015). Autism spectrum disorder: Facts
about autism spectrum disorder. Retrieved March 2016 from
http://www.cdc.gov/ncbddd/autism/facts.html
Crane, L., Maras, K. L., Hawken, T., Mulcahy, S., & Memon, A. (2016). Experiences of
autism spectrum disorder and policing in England and Wales: Surveying police
and the autism community. Journal of Autism and Developmental Disorders, 1-
14. doi:10.1007/s10803-016-2729-1
Freckelton, I. (2012). Expert evidence by mental health professionals: The
communication challenge posed by evidence about autism spectrum disorder,
brain injuries, and Huntington’s disease. International Journal of Law and
Psychiatry, 35(5-6), 372-379. doi:10.1016/j.ijlp.2012.09.008
Freckelton, I. (2013). Autism spectrum disorder: Forensic issues and challenges for
mental health professionals and courts. Journal of Applied Research in
Intellectual Disabilities, 26(5), 420-434. doi:10.1111/jar.12036
Freckelton, I., & List, D. (2009). Asperger’s disorder, criminal responsibility and
criminal culpability. Psychiatry, Psychology and Law, 16(1), 16-40.
doi:10.1080/13218710902887483
Hall, I., & Bernal, J. (1995). Asperger’s syndrome and violence. British Journal of
Psychiatry, 166(2), 262-268. doi:10.1192/bjp.166.2.262a
Haskins, B. G., & Silva, J. A. (2006). Asperger’s disorder and criminal behavior:
Forensic-Psychiatric considerations. Journal of American Academy of Psychiatry
and the Law, 34(3), 374-384. doi:10.1.1.516.6387
Higgs, T., & Carter, A. J. (2015). Autism spectrum disorder and sexual offending:
Responsivity in forensic interventions. Aggression and Violent Behavior, 22, 112-
119. doi:10.1016/j.avb.2015.04.003

www.jghcs.info (2161-0231 ONLINE) JOURNAL OF LAW ENFORCEMENT, VOLUME 5, NUMBER 5

 Autism Spectrum Disorder in the Criminal Justice System/ 12

Individuals with Disability Education Act Amendments of 1997 [IDEA]. (1997).

Retrieved from http://thomas.loc.gov/home/thomas.php
Kanne, S. M., & Mazurek, M. O. (2011). Aggression in children and adolescents with
ASD: Prevalence and risk factors. Journal of Autism and Developmental
Disorders, 41(7), 926-937. doi: 10.1007/s10803-010-1118-4
Katz, N., & Zemishlany, Z. (2006). Criminal responsibility in Asperger's syndrome. The
Israel Journal of Psychiatry and Related Sciences, 43(3), 166-173.
King, C., & Murphy, G. H. (2014). A systematic review of people with autism spectrum
disorder and the criminal justice system. Journal of Autism and Developmental
Disorders, 44(11), 2717-2733. doi:10.1007/s10803-014-2046-5
Kroncke, A. P., Willard, M., & Huckabee, H. (2016). Forensic assessment for autism
spectrum disorder. In A. Lastname & B. Lastname (Eds.), Assessment of autism
spectrum disorder (pp. 345-373). Location: Springer International Publishing.
Langstrom, N., Grann, M., Ruchkin, V., Sjostedt, G., & Fazel, S. (2009). Risk factors for
violent offending in autism spectrum disorder: A national study of hospitalised
individuals. Journal of Interpersonal Violence, 24, 1358–1370.
Lashley, J. (2009). Autism Spectrum Disorders: A Special Needs Subject
Response Guide for Police Officers. Retrieved from
http://www.autismsocietyofwa.org/v2/wp-content/uploads/2011/09/Autism-
Guide-for-Police-Officers-0311.pdf
Lecavalier, L. (2016). Autism spectrum disorder clinical trials: One step at a time.
Autism, 20(2), 131-133. doi:10.1177/1362361315623111
Lerner, M. D., Haque, O. S., Northrup, E. C., Lawer, L., & Bursztajn, H. J. (2012).
Emerging perspectives on adolescents and young adults with high-functioning
autism spectrum disorders, violence, and criminal law. Journal of the American
Academy of Psychiatry and the Law Online, 40(2), 177-190. Retrieved from
Mayes, T. A. (2003). Persons with autism and criminal justice: Core concepts and leading
cases. Journal of Positive Behaviour Interventions, 5(2), 92-100.
doi:10.1177/10983007030050020401
Mayzer, R., Bradley, A. R., Rusinko, H., & Ertelt, T. W. (2009). Juvenile competency to
stand trial in criminal court and brain function. Journal of Forensic Psychiatry &
Psychology, 20(6), 785-800. doi:10.1080/14789940903174089
Payne, K. L., & Hollin, C. (2014). Alexithymia, Asperger's syndrome and criminal
behaviour: A review. Journal of Criminal Psychology, 4(2), 155-162.
doi:10.1108/JCP-11-2013-0030
Philip, R. C. M., Dauvermann, M. R., Whalley, H. C., Baynham, K., Lawrie, S. M., &
Stanfield, A. C. (2012). A systematic review and meta-analysis of the fMRI
investigation of autism spectrum disorders. Neuroscience and Biobehavioral
Reviews, 36(2), 901-942. doi:10.1016/j.neubiorev.2011.10.008
Pirelli, G., Gottdiener, W. H., & Zapf, P. A. (2011). A meta-analytic review of
competency to stand trial research. Psychology, Public Policy, and Law, 17(1), 1-
53. doi:10.1037/a0021713
Ramachandran, V. S., & Oberman, L. M. (2006). Broken mirrors: A theory of autism.
Scientific American, 295, 62-69. doi:10.1038/scientificamerican1106-62
R v MDW [2001] CanLII 32804 (NS PC)

www.jghcs.info (2161-0231 ONLINE) JOURNAL OF LAW ENFORCEMENT, VOLUME 5, NUMBER 5

 Autism Spectrum Disorder in the Criminal Justice System/ 13

Scragg, P., & Shah, A. (1994). Prevalence of Asperger’s syndrome in a secure hospital.
British Journal of Psychiatry, 165(5), 679-682. doi:10.1192/bjp.165.5.679
Shamay-Tsoory, S. G., Tomer, R., Yaniv, S., & Aharon-Peretz, J. (2002). Empathy
deficits in Asperger syndrome: A cognitive profile. Neurocase,8(2), 245-252.
Shattuck, P., Seltzer, M., Greenberg, J., Orsmond, G., Bolt, D., Kring, S., Lounds, J., &
Lord, C. (2007). Change in autism symptoms and maladaptive behaviors in
adolescents and adults with an autism spectrum disorder. Journal of Autism and
Developmental Disorders, 37(9), 1735-1747. doi: 10.1007/s10803-006-0307-7
Shtukaturov v Russia [2008] ECHR 223.
Stepanyan, S. T., Sidhu, S. S., & Bath, E. (2016). Juvenile competency to stand trial.
Child and Adolescent Psychiatric Clinics of North America, 25(1), 49-59. doi:
http://dx.doi.org/10.1016/j.chc.2015.08.008
The National Autistic Society. (2008). Autism: A guide for criminal justice professionals.
London, U.K: National Autistic Society.
Van Naarden Braun, K., Christensen, D., Doernberg, N., Schieve, L., Rice, C., Wiggins,
L., ... Yeargin-Allsopp, M. (2015). Trends in the prevalence of autism spectrum
disorder, cerebral palsy, hearing loss, intellectual disability, and vision
impairment, metropolitan Atlanta, 1991-2010. PLoS One, 10(4)
doi:10.1371/journal.pone.0124120
Woodbury-Smith, M. R., Clare, I. C., Holland, A. J., Kearns, A., Staufenberg, E., &
Watson, P. (2005). A case-control study of offenders with high functioning
autistic spectrum disorders. Journal of Forensic Psychiatry & Psychology, 16(4),
747-763. doi:10.1080/14789940500302554
Woodbury-Smith, M., & Dein, K. (2014). Autism spectrum disorder (ASD) and unlawful
behaviour: Where do we go from here? Journal of Autism and Developmental
Disorders, 44(11), 2734-2741. doi:10.1007/s10803-014-2216-5

www.jghcs.info (2161-0231 ONLINE) JOURNAL OF LAW ENFORCEMENT, VOLUME 5, NUMBER 5