How do Jurors Construe Autism at Trial?

Originally Published on September 18th, 2023 at 08:00 am
Table of Contents
Overview
Summary
Implications for Mitigation
Reference

Overview

Being in front of a jury can bring difficulties different from neurotypical defendants. Clients with Autism at trial should be handled differently.

Summary

It is well known that most criminal cases plead out and do not go to trial. However, this is not the case for all criminal matters. In any trial, the jury plays a key role in the outcome.

An Article Looking at Autism at Trial

In a 2021 article in the University of Pittsburgh Law Review, Perlin and Cucolo lay out the ways in which a jury may misconstrue an autistic client. They evaluate how this can affect the case and how a trial attorney can help mitigate these issues.

Understanding ASD

One of the first statements this article makes:

In order for an attorney to meet the effectiveness of counsel standard, they must have some familiarity with the clinical diagnosis of Autism Spectrum Disorder (ASD) and how society perceives these individuals.

In terms of the voir dire process, one of the key things to explore is

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