How do Jurors Construe Autism at Trial?
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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Reference
SOURCE RESEARCH
Something’s Happening Here/But you Don’t Know What It is
Perlin, M.L. & Cucolo, H.E. (2021). “Something’s Happening Here/But you Don’t Know What It is”: How Jurors (Mis)Construe Autism in the Criminal Trial Process. University of Pittsburgh Law Review, 82, 587-623.
Published: 2021
Jurisdiction: United States
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