Autism and the Criminal Justice System:
Policy Opportunities and Challenges
A Policy Brief Prepared for the International Society for Autism Research
Background
Although the last two decades have seen an increase in awareness and the prevalence of autism spectrum disorder, policy, and practice to meet the needs of this group across the lifespan have not consistently kept pace. Autistic individuals are interacting with the justice system at high rates with varying experiences, which impacts their ability to participate fully within their communities. To address this issue, the International Society for Autism Research (INSAR) has funded an initiative led by Lindsay Shea, DrPH, director of the Policy and Analytics Center and Cpl. John Burke, an instructor at the Philadelphia Police Department Training and Education Services Bureau to write a policy brief on autism and the criminal justice system.
To begin this work, the Global Autism and Criminal Justice Consortium was assembled to utilize the expertise and experience of international and interdisciplinary team of researchers, policymakers, criminal justice system professionals, self-advocates, and family members to catalyze four prongs of activity:
- In October 2020, a two-day summit was held with partners from around the world from the Global Autism and Criminal Justice Collaborative to identify opportunities and gaps within the justice system for individuals on the autism spectrum and to form relevant policy recommendations for the policy brief.
- Summit sessions were guided by the Revised SIM, with moderators facilitating discussions centered on each Intercept.
- The SIM has a rich history in identifying predictable points of contact in the criminal justice system and was revised for autistic audiences.
- We adopted and revised the Sequential Intercept Model (SIM) as the organizational framework for all activities. Within this model, each stage of the criminal justice system is represented as an Intercept.
- Leveraging these Intercepts allows for targeted policy changes and improvements to established practices at distinct locations.
- By creating a cyclical model, the criminal justice system is better represented as a cohesive and interconnected process.
- This revised version also acknowledges the perspectives of victims, especially important given the high rates of victimization against autistic individuals, and highlights pathways to exit the criminal justice system.
- Overall, this revised SIM offers a roadmap for research to reduce and prevent interactions with the justice system from occurring by breaking through siloed approaches.
- The scope of peer-reviewed research on autism and criminal justice system interactions has increased over the past decade, yet the research has remained scattered and unorganized limiting its impact for policy and practice.
- The Revised SIM propelled a Preferred Reported Items for Systematic Reviews and Meta Analyses (PRISMA) review to (1) organize ASD and CJS research within the SIM framework, (2) identify themes in research findings at each Intercept, and (3) advance policy and practice and directions for future research based on these themes.
- This systematic review served as secondary evidence to further anchor the sessions at the Global Criminal Justice Summit to workshop priorities for policy.
- A scoping review of legal cases involving autism is also underway to identify how autism interacts with the courtroom.
- An interdisciplinary approach will link the findings of both systematic reviews to maximize policy considerations.
- As evidenced by our systematic review, large samples of primary data on autism and the criminal justice system is lacking. Study populations often tend to be limited to single nations as well.
- The Global Criminal Justice Survey is a crucial step towards identifying existing policy gaps and opportunities across the entire world.
- Survey questions were tailored to the experiences of autistic individuals, parents and caregivers, and criminal justice profressionals to capture information across stakeholder groups to maximize the impact of the findings.
About this Project and Brief
This policy brief is sponsored by the International Society for Autism Research (INSAR).
This policy brief and project would not be possible without the efforts of an international team including researchers, policymakers, practitioners, justice professionals, autistic self-advocates, and parents of autistic individuals. A list of these individuals and their respective institutions/organizations can be found below, organized by country. Thank you to all of our partners in this work.
Australia:
- Abbey Love, PhD, Aspect Research Centre for Autism Practice, Autism Spectrum Australia
- Vicki Gibbs, Aspect Research Centre for Autism Practice, Autism Spectrum Australia
Canada:
- Yona Lunsky, PhD, CAMH
Ethiopia:
- Dagnachew Wakene, MPhil, University of Pretoria
Ireland:
- Áine Roddy, PhD
Norway:
- Svein Øverland, St. Olavs Hospital
Russia:
- Sasha Heydiz, Autism Challenge Center
South Africa:
- Dianah Msipa, LLM, University of Pretoria
- Juan Bornman, PhD, Centre for Augmentative and Alternative Communication, University of Pretoria
Sweden:
- Björn Hofvander, PhD, Lund University
United Kingdom:
- Chloe Holloway, PhD, University of Nottingham
- Katie Maras, PhD, Centre for Applied Autism Research at the University of Bath
- Laura Crane, PhD, University College London
- Ralph Bagnall, MRes, University of Bath
United States of America:
- Amy Blank Wilson, PhD, University of North Carolina Chapel Hill, North Carolina
- Aubyn Stahmer, PhD, University of California, Davis, California
- Catherine Cheely Bradley, PhD, Medical University of South Carolina, South Carolina
- Connie Hassett-Walker, PhD, Norwich University, Vermont
- Dave Kearon, Autism Speaks, New York
- David Mandell, ScD, University of Pennsylvania, Pennsylvania
- Dennis O’Brien, Community Behavioral Health, Pennsylvania
- Derek S. Green, JD, Philadelphia City Councilmember-At-Large, Pennsylvania
- Emily Zimmerman, JD, Drexel University Thomas R. Kline School of Law, Pennsylvania
- Frank Iannuzzi, JD, Office of Philadelphia City Councilmember-At-Large Derek S. Green, Pennsylvania
- Icylee Basketbill, Philadelphia Autism Project, Pennsylvania
- Kate Hooven, MS, Autism Services, Education, Resources and Training (ASERT) Collaborative, Pennsylvania
- Katy Kaplan, PhD, Community Behavioral Health, Pennsylvania
- Kelly Israel, JD, Autistic Self Advocacy Network, Washington, D.C.
- Kevin Dougherty, JD, Supreme Court of Pennsylvania, Pennsylvania
- Khylil Robinson, ASDNext, Pennsylvania
- Kirsten Railey, PhD, Emory University School of Medicine and Police Autism Community Training (PACT) Organization, Georgia
- Lauren Gardner, PhD, Johns Hopkins All Children's Hospital, Florida
- Mark Salzer, PhD, Temple University Collaborative on Community Inclusion, Pennsylvania
- Mary Cohen, PhD, Autism Spectrum Diagnostics & Consulting, Pennsylvania
- Matthew Lerner, PhD, Stony Brook University, New York
- Melanie Clark Mogavero, PhD, Georgian Court University, New Jersey
- Michael Gamel-McCormick, PhD, Office of U.S. Senator
- Robert P. Casey, Pennsylvania/Washington, D.C.
- Michele Abraham-Montgomery, Spectrum Success 911, Pennsylvania
- Nina Wall, MSS, Pennsylvania Bureau of Supports for Autism & Special Populations, Pennsylvania
- Robert Schmus, MSW, Youth Consultation Service, New Jersey
- Roslyn Talley, Philadelphia Police Department, Pennsylvania
- Sam Crane, JD, Autistic Self Advocacy Network, Washington, D.C.
- Shane Carey, Chambers of Justice Kevin M. Dougherty, Pennsylvania
- Stacy Nonnemacher, PhD, Pennsylvania Bureau of Supports for Autism & Special Populations, Pennsylvania
- Stephen Shore, EdD, Adelphi University, New York
- Teal Benevides, PhD, Augusta University, Georgia
- Valarie Oulds, JD, Philadelphia Department of Behavioral Health and Intellectual disAbility Services, Pennsylvania
- Valerie Paradiz, PhD, Autism Speaks, New York
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Below are relevant resource related to autism and the criminal justice system for individuals on the autism spectrum, family members and criminal justice system professionals.
- ASERT Collaborative Justice Resource Collection (www.paautism.org/justice): Resources about the justice system for individuals on the autism spectrum, justice professionals, family members, and service providers.
- National Autistic Society Criminal Justice (https://www.autism.org.uk/advice-and-guidance/topics/criminal-justice): Resources that offer guidance on how to make the Criminal Justice System experience better for autistic people and their families.
- Police Autism Community Training (PACT) https://www.pactautism.com/): Directed and founded by our partner Abbey Love, PACT is a non-profit organization that helps train first responders in law enforcement.
- Autistic Self Advocacy Network (ASAN) (https://autisticadvocacy.org/policy/toolkits/police/) : Our partners at ASAN created a plain language, and easily accessibile toolkit to serve as a resource for understanding police violence and the intersections with race and disability
