CRIMINAL AND FORENSIC ISSUES in Autistic Spectrum Disorders Tommy MacKay Psychology 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’ and ‘forensic’? Forensic: ‘Relating to, used in, or appropriate for courts of law or for public discussion or argumentation ’ ( forensis: public, of a ‘forum’)

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

An ‘appropriate adult’ Issues l difficulties masked by good language/IQ l this leads to view that the normal criteria of learning disability or mental disorder do not apply l for most people with ASD, an appropriate adult is needed at ever stage of the process from the police caution onwards

Understanding the caution Issues l verbal fluency exceeding comprehension l working memory deficits l speed of processing l conforming to expectations of authority l desire to please l wish to appear well informed l wish to escape the interview as quickly as possible

Giving evidence in court Issues l theory of mind: understanding the subtext in the communications of others (eg on cross-examination) l central coherence issues: losing sight of the important points and becoming obsessed with irrelevant detail l 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 confession Issues l suggestibility (‘May I put it to you that…’) l belief in the truthfulness of others (‘Miss R has told the court that there was no doubt that your actions amounted to rape…) l undue compliance with authority l the wish to escape from the immediate situation l total confusion under stress

Diagnostic issues Issues l many individuals reach court without their ASD being recognised l in many cases there is no alternative to sole practitioner diagnosis l an unknown number of individuals in the Scottish prisons have undiagnosed ASD

Behaviour in the community Issues l lack of insight l failure to understand social rules l impulsivity l the deadly combination of alcohol and an already compromised pre-frontal cortex

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

Life in prison Issues l being forced into social situations that can’t be coped with l sensory over-stimulation l committing further offences in prison to get put in solitary confinement l committing further offences in the community to get put back into the safe structure and routine of prison

Treatment programmes l 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)

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