CRIMINAL CRIMINAL ANDAND FORENSIC FORENSIC ISSUESISSUES

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Autistic Spectrum DisordersAutistic Spectrum Disorders

Tommy MacKayPsychology Consultancy Services/University of Strathclyde

ASD Reference Group, 22 February 2011

PLEASE NOTE

The examples shown in the presentation are not in the handout. Several of them are still sub judice and there is risk of identification

Why ‘criminal’ Why ‘criminal’ andand ‘forensic’?‘forensic’?Forensic:

‘Relating to, used in, or appropriate for courts of law or for public discussion or argumentation’

(forensis: public, of a ‘forum’)

FocusFocus

The focus of this presentation is on the key target ASD population facing difficulties in forensic settings – individuals with Asperger’s Syndrome (or with high functioning autism) coming before the criminal courts

ASD issues in ASD issues in criminal/forensic settingscriminal/forensic settings

‘An appropriate adult’ Understanding the caution Giving evidence in court False confession Diagnostic issues Behaviour in the community Mens rea Life in prison Treatment programmes (esp. SOTP)

An ‘appropriate adult’An ‘appropriate adult’

Issues difficulties masked by good

language/IQ this leads to view that the normal

criteria of learning disability or mental disorder do not apply

for most people with ASD, an appropriate adult is needed at ever stage of the process from the police caution onwards

Understanding the Understanding the cautioncautionIssues verbal fluency exceeding

comprehension working memory deficits speed of processing conforming to expectations of authority desire to please wish to appear well informed wish to escape the interview as quickly

as possible

Giving evidence in courtGiving evidence in court

Issues theory of mind: understanding the

subtext in the communications of others (eg on cross-examination)

central coherence issues: losing sight of the important points and becoming obsessed with irrelevant detail

executive function issues: working memory/processing speed – unable to hold key points in questions and plan a response; poor inhibition and emotional control under stress

False confessionFalse confession

Issues suggestibility (‘May I put it to you

that…’) belief in the truthfulness of others

(‘Miss R has told the court that there was no doubt that your actions amounted to rape…)

undue compliance with authority the wish to escape from the immediate

situation total confusion under stress

Diagnostic issuesDiagnostic issues

Issues many individuals reach court without

their ASD being recognised in many cases there is no alternative

to sole practitioner diagnosis an unknown number of individuals in

the Scottish prisons have undiagnosed ASD

Behaviour in the Behaviour in the communitycommunityIssues lack of insight failure to understand social rules impulsivity the deadly combination of alcohol

and an already compromised pre-frontal cortex

Mens reaMens rea

Issues an individual with ASD may not have

the mens rea to be guilty of the alleged crime– insufficient understanding of what’s

happening– doing a wrong act without having wrong

reasons– lack of capacity for deception

an individual with ASD may have the mens rea to be guilty of the alleged crime.

Life in prisonLife in prison

Issues being forced into social situations

that can’t be coped with sensory over-stimulation committing further offences in prison

to get put in solitary confinement committing further offences in the

community to get put back into the safe structure and routine of prison

Treatment programmesTreatment programmes

The example of SOTP and similar programmes– a prerequisite for parole– a group intervention– depends on social insight– depends on flexibility in thinking– feelings: ‘What were your feelings when…’– theory of mind: ‘What was going on in the

victim’s head at that point…’– empathy: ‘How do you think the victim was

feeling…’

(Too sub judice to give examples at present)

ConclusionConclusion

Individuals with ASD face many issues in the criminal and forensic sphere and these require to be addressed with some urgency