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Autism and the Criminal Justice System – Part 1

There things in autistic people`s behaviour that can make them more vulnerable when they come in to contact with the criminal justice system? Getting in to trouble with the police isn’t a pleasant experience for anybody.  However, if this does happen there are certain ways that people are expected to behave when they are arrested, or when they are being questioned – and certain types of behaviour that can make the situation a whole lot worse.

Traits that are misunderstood which can make their experience more difficult than it needs to be?  When thinking about how autistic people may present themselves, and hearing police officers talk about questioning techniques, and how they would go about approaching somebody in the street, it appears there are definitely traits of autism which could lead to confrontation, and unnecessary difficulties for all concerned.

Literal Language – the person with autism may have done something wrong, or may be suspected of doing something they haven’t actually done, when out in public.  But it is easy to imagine that if an autistic person takes things literally they might be inclined to say `No` if the police approach, and ask if the autistic person would `like` to come with them`.   Phrases such as `would you like to come with me?` `would you mind showing me some I.D.` `would you like to step out of the car?` might be used by the police to try to seem less intimidating, and give the suspect a chance to cooperate.  But if somebody takes them literally, and says `No` they will probably be perceived as being rude – which could lead to heightened tensions between the two parties.

Touch – it may be the case that a police officer puts their hand on somebody`s shoulder or arm in an attempt to calm them down.  Even though this may not happen often, it could still lead to trouble if it did.  If the autistic person finds being touched painful and unsettling – even if it is only the softest of touches – they may react by pulling away, pushing the police officers are arm off them, or even shouting at the police officer.  Again the police could easily see this as the person beginning to get aggressive for what they perceive to be no reason.

Emotional Reaction – it would be expected that if somebody was accused of a crime they didn’t commit, or was talking about a crime they felt guilty about committing, there would be some large, emotional reaction which would be visible on the person`s face when they were being interviewed.  It is though, entirely possible that however much the situation had affected the person with autism, they may not show any outward reaction.   An example of this might be if somebody were charged with a theft they had not committed; the standard reaction might include outrage, and a shocked expression.  The tone of voice would likely change as well as the facial expression.  This could also be true of autistic people, but there is the chance that the autistic person may not show any of their inner reaction.  It would look as if being charged with the crime hadn’t come as a shock to them at all.  And this might lead police to believe in their guilt even more.

Tone of Voice – this is a continuation of the last point – if somebody was being questioned by the police their tone of voice might be expected to betray them; they might sound nervous or confident, relaxed or shocked.  But a percentage of people with autism have quite monotone voices.  The tone of their voice rarely changes despite what they may be feeling on the inside.  A completely innocent person might be questioned over a terrible crime, and yet they might keep the same calm look, and flat steady voice throughout the entire interview, despite how shaken the nature of the crime they were being accused of might have made them feel on the inside.

Remorse – the concept of showing remorse for a crime that has been committed can be a very important one when it comes to sentencing.  Not all autistic people accused of crimes will be innocent, but being able to convey the feelings of remorse in a way that will impact on judges, and juries might prove to be difficult.  It could be that somebody with autism simply cannot recognise the level of emotions that they may be feeling, and have no way of putting them in to words.  It is a sad habit of humanity that people often judge others emotional sincerity by comparing their actions to how they themselves would have behaved in the same situation.  An example of this that is recognisable to many people is if somebody doesn’t cry after the death of a loved one; people seem to think that it is ok to criticise because it is assumed that grieving involves crying.  If somebody with autism can`t demonstrate the stereo-typical types of behaviour, and expression that supposedly go along with feelings like remorse, then it is likely that they will be judged much more harshly.

Alibi – innocent until proven guilty is a commonly used phrase.  It can be difficult because sometimes telling the truth isn’t quite good enough to prove innocence.  It has become a bit of cliché in police dramas for a suspect to say that they were home alone all night, and they don’t have anybody to back up their alibi.  The problem is that for the logical autistic mind, the issue isn’t to prove themselves innocent, it is for the police to attempt to prove them guilty.  If they know they are innocent then they might assume that this will eventually be proven.  Unfortunately with so many innocent people ending up in prison, it is evident that this is not always the case.  Not being proactive enough in proving an alibi, or overall innocence could lead to serious problems.

Volunteering Information – it may be the case that somebody with autism might not be able to volunteer information.  They may need a specific question to provoke an answer.  Somebody might be asked when they last spoke to a person and they could say that they talked on Wednesday.  If asked if they had been in contact with the person since they would say no, simply because it didn’t occur to them to volunteer the information that they had seen the person driving past their house on Saturday afternoon.  For people who don’t have this problem it`s a difficult one to understand, but sometimes it is the case that it just simply doesn’t occur to somebody to say something, however important it may be, unless they are directly asked about it.

Strong Sense of Justice – a strong sense of justice is often cited as a positive trait of autism.  One problem with this though can be the fact that when an autistic person believes an injustice is being done they may stand up against it whatever the cost.  In some circumstances this can be a good thing, but in others, when the injustice is something as simple as having to pay a fine, or to stop playing music at a certain volume, then refusing to comply with this apparent injustice can be problematic.  The police may very well not understand that the person has autism, and may think that they are disregarding the rules out of a sense of superiority, or contempt.

Illogical Rules – lots of autistic people will follow the rules to the letter every day of their life, until they come across one which doesn’t make logical sense, then they may simply disregard it.  An example of this that most people, autistic or not, would probably find relatable, would be downloading music.  It might not be such a big deal now, but a few years ago there was a campaign against it, likening it to theft, and reminding people that it was illegal.  But hardly anybody could see the sense in this, and so everybody continued to download it anyway.  More often than not it is not ok to tell somebody with autism that there is a set rule they need to follow – that rule and the reasons behind it needs to be explained to them.

Naïve, and easily Influenced – even though it goes without saying, it is worth reiterating that not all autistic people are naïve, and easily influenced.  But sadly some can be.  It could be something such as trusting a police officer when they say there is no need for a lawyer, or admitting to things they don’t really want to admit to because of pressure being put upon them.   Perhaps the manipulating forces could come from the other side; being manipulated in to taking sole responsibility for a crime, or in to holding drugs for somebody.  Autistic people themselves are quick to point out that they can be vulnerable to occurrences such as this.  There is also the fact that they will most likely be suffering a sensory overload when being questioned, meaning that they cannot think clearly, and this can make autistic people incredibly vulnerable when they come in to contact with law enforcement agencies.

The above points may make it sound as if all autistic people are victims waiting to happen, and all law enforcement officers are clumsy, and insensitive.  But this is obviously not true, and not what this article is meant to be saying at all.  It is hoped that most members of the justice system will have a level of understanding about autism, and some knowledge of how to deal with it in a professional context.  And there will be many autistic people who will have, if not positive, at least bearable encounters with law enforcement.  And this isn’t to say that people with autism should be let off lightly simply because they are autistic.  All it is saying is that this level of professional understanding needs to apply to not just the majority, but the entirety of people involved in the criminal justice system.

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