Persons with Autism and Criminal Justice

Abstract

Persons with mental illness or mental impairments are represented in U.S. criminal justice institutions at a disproportionately high rate. This fact is of critical importance for persons with autism and those who work with them. This article, after reviewing basic information about autism, discusses four core criminal law concepts illustrated by reported cases involving persons with autism who have become involved with the criminal justice system, either as a target or a perpetrator. Issues regarding competence to stand trial, capacity-related defenses, mitigation in sentencing, and evidentiary issues are discussed. Guidance for practitioners and directions for empirical research is provided.