Representing People with Autism Spectrum Disorders

Criminal defense lawyers will inevitably represent clients on the Autism Spectrum, as one in 59 children are estimated to be on the spectrum. This guide aims to provide practical advice for representing people with ASD in the criminal justice system, covering the complete anatomy of a criminal case from initial encounter to resolution.

Format: Book
Length: 244 pages
Publication date: 07 August 2021
Publisher: American Bar Association

As a criminal defense lawyer, it is almost inevitable that you will represent someone on the Autism Spectrum. Indeed, the Center for Disease Control estimates that one in 59 children is on the spectrum. And because Autism is a lifelong condition, these children will become adults on the spectrum.

But what is Autism Spectrum Disorder (ASD), how will you recognize it in a client, why is it relevant to the criminal justice system, and why do people with ASD get ensnared in the criminal justice system?

The reason for compiling the expert opinions in Representing People with Autism Spectrum Disorders: A Practical Guide for Criminal Defense Lawyers is meant to cover the complete anatomy of a criminal case, from the initial encounter with law enforcement, through the bond hearing, through the use of experts, through plea bargaining or dismissal, through resolution, including a sentencing hearing to prison or probation.

The first section of the book provides an overview of ASD and its prevalence. It explains that ASD is a neurodevelopmental disorder that affects communication, social interaction, and behavior. It also highlights the challenges that people with ASD face in everyday life, such as sensory overload, anxiety, and difficulty with change.

The second section of the book focuses on recognizing ASD in a client. It provides practical tips for lawyers to identify signs of ASD in their clients, such as delayed speech, repetitive behavior, and sensory sensitivity. It also discusses the importance of obtaining a comprehensive evaluation of a client with ASD to better understand their strengths and weaknesses and to develop effective strategies for representation.

The third section of the book explores the relevance of ASD to the criminal justice system. It discusses the overrepresentation of people with ASD in the criminal justice system, the factors that contribute to this overrepresentation, and the consequences of incarcerating people with ASD. It also provides strategies for lawyers to challenge the criminalization of people with ASD and to advocate for their rights.

The fourth section of the book focuses on why people with ASD get ensnared in the criminal justice system. It discusses the factors that contribute to their criminal behavior, such as trauma, mental health issues, and social isolation. It also provides strategies for lawyers to address these factors and to develop effective defense strategies for their clients.

The fifth section of the book provides practical guidance for lawyers representing people with ASD. It discusses the importance of building trust.

ISBN-13: 9781641056342