Jurors’ and judges’ evaluation of defendants with autism and the impact on sentencing : a systematic Preferred Reporting Items for Systematic Reviews and Meta-analyses (PRISMA) review of autism spectrum disorder in the courtroom

Allely, CS; Cooper, P

Abstract

Concern has been highlighted in the literature regarding how juries and judges handle cases which involve a defendant with autism spectrum disorder (ASD). The relatively little research on judicial perceptions or decision-making regarding individuals with ASD indicates that judges have limited understanding and familiarity with high-functioning ASD (hfASD) and ASD. The present systematic review will identify studies which investigate jurors’ (eg using mock jurors) and/or judges’ evaluations of defendants with ASD and studies which investigate whether the defendant diagnosis of ASD impacts on sentencing. Only four studies were identified which investigated jurors’ and/or judges’ evaluations of a defendant with an ASD or investigated whether the defendant diagnosis of ASD impacts on sentencing. Further research is recommended which should include an evaluation of cases involving a defendant with an hfASD or ASD diagnosis comparing charges, pleas entered, procedural adjustments at court, evidence adduced about the defendant’s condition, directions to juries, judicial remarks on the evidence (eg summing-up for the jury), verdicts and sentencing. This would enable the assessment of the specific offending behaviour and disorder of the defendant, and how these may be relevant to their mental capacity and culpability.

Citation

Allely, C., & Cooper, P. (2017). Jurors’ and judges’ evaluation of defendants with autism and the impact on sentencing : a systematic Preferred Reporting Items for Systematic Reviews and Meta-analyses (PRISMA) review of autism spectrum disorder in the courtroom. Journal of Law and Medicine, 25(1), 105-123

• Journal Article Type: Article
• Acceptance Date: Sep 1, 2017
• Online Publication Date: Nov 15, 2017
• Publication Date: Nov 15, 2017
• Deposit Date: Jan 15, 2018
• Publicly Available Date: Sep 20, 2018
• Journal: Journal of Law and Medicine
• Print ISSN: 1320-159X
• Publisher: Thomson Reuters
• Volume: 25
• Issue: 1
• Pages: 105-123
• Publisher URL: http://sites.thomsonreuters.com.au/journals/2017/11/15/journal-of-law-and-medicine-update-vol-25-pt-1/
• Related Public URLs: http://sites.thomsonreuters.com.au/journals/category/journal-of-law-and-medicine/
• Additional Information: Access Information : This article was first published by Thomson Reuters in the Journal of Law and Medicine and should be cited as Allely, CS and Cooper, P 2017, 'Jurors’ and judges’ evaluation of defendants with autism and the impact on sentencing : a systematic Preferred Reporting Items for Systematic Reviews and Meta-analyses (PRISMA) review of autism spectrum disorder in the courtroom' , Journal of Law and Medicine, 25 (1) , pp. 105-123.. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: [phone] or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.