Judiciary views on criminal behaviour and intention of offenders with high-functioning autism
| Published date | 03 June 2014 |
| DOI | https://doi.org/10.1108/JIDOB-02-2014-0002 |
| Pages | 97-106 |
| Date | 03 June 2014 |
| Author | Colleen M. Berryessa |
| Subject Matter | Health & social care,Learning & intellectual disabilities,Offending behaviour |
Judiciary views on criminal behaviour and
intention of offenders with high-functioning
autism
Colleen M. Berryessa
Colleen M. Berryessa is a
Program Manager, based at
Center for Biomedical Ethics,
Stanford University, Stanford,
California, USA.
Abstract
Purpose – The purpose of this paper is to explore how judges perceive High Functioning Autistic Spectrum
Disorders (hfASDs) and the disorders’ effects on an offender’sability to formulate criminal intent and control
behaviour.
Design/methodology/approach – Semi-structured interviews on topics related to offenders with hfASDs
were conducted with 21 California Superior Court Judges. A coding scheme was developed and an iterative
qualitative coding process was used for analysis.
Findings – Analysis yielded three major themes on how an hfASD diagnosis affects an offender’s ability
to regulate actions and criminal behaviour. Interviewed judges reported beliefs that hfASD offenders view
the world in a different way and that much of their behaviour is not under their direct control. Judges
reported these perceptions likely affect how they criminally process and make legal decisions regarding
offenders with hfASDs.
Research limitations/implications – The sample size was small and therefore no statistical significance
can be drawn from results; findings cannot be applied to perceptions or experiences of the entire California
Superior Court Judge population.
Originality/value – Past academic research reports that individuals with hfASDs that offend often do so
because of specific symptoms associated with the disorder. This presents a complex dilemma for the
criminal justice system regarding how best to understand the disorder and process these offenders.
This study and its findings aim to shed light on issues judges encounter in determining these
offenders’ responsibility and sentencing, in what ways this information might be integrated into judicial
decision making, and areas where future research is needed.
Keywords Criminal behaviour, Asperger’s syndrome, hfASDs,
High functioning autistic spectrum disorders, California superior court judges, Judiciary views
Paper type Research paper
Introduction
Although there has been academic disagreement about the relationship between Autistic
Spectrum Disorders (ASDs) and criminality (for a comprehensive review of this research,
see Browning and Caulfield, 2011), most individuals diagnosed with High Functioning Autistic
Spectrum Disorders (hfASDs)[1] are law-abiding citizens who rarely commit criminal acts
(Ghaziuddin et al., 1991; Murrie et al., 2002; Woodbury-Smith et al., 2006; Browning and
Caulfield, 2011). Yet, individuals with ASDs are seven more times likely to encounter the
criminal justice system than those without the disorders (Debbaudt, 2004). Although each
offender diagnosed with an ASDs is different and should be processed and assessed
individually by the court, the majority of individuals with hfASDs who exhibit criminal behaviour
are thought to do so as a presentation of or in association with the symptoms of their disorders,
specifically related to poor impulse and motor control, narrow fixation on specific interests,
This research was supported by
the National Institute of Health grant
P50 HG003389-09 (Center for
Integration of Research on
Genetics and Ethics). The author
thanks Mildred Cho, the Grant PI,
Nanibaa’ Garrison and Emily
Borgelt.
DOI 10.1108/JIDOB-02-2014-0002 VOL. 5 NO. 2 2014, pp. 97-106, CEmerald Group Publishing Limited, ISSN 2050-8824
j
JOURNAL OF INTELLECTUAL DISABILITIES AND OFFENDING BEHAVIOUR
j
PAGE 97
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