Autism, culpability and the criminal law

Alge, Daniele ORCID: https://orcid.org/0000-0002-9104-4660 (2019) Autism, culpability and the criminal law. New Vistas, 5 (1). pp. 18-22.

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Abstract

Over the past decade, there have been considerable strides in recognising the issues faced by individuals with a diagnosis of autism spectrum disorder (hereinafter ‘autism’). Alongside social changes and increased public awareness, the criminal justice system has become alert to potential challenges inherent in dealing with autistic suspects, defendants and witnesses. However, the criminal law itself is based on the premise of the (neurotypical) ‘reasonable man’ and it is argued that this results in the potential for inconsistency and injustice. This article considers the relevance of autism to the criminal justice system, before providing a critique of the current legal tests to determine criminal intention and culpability (in particular regarding rape), when applied to defendants with autism.

Item Type: Article
Uncontrolled Keywords: Criminal law, justice, autism, courts
Subjects: Law and criminal justice > Criminal justice > Criminal law
Depositing User: Daniele Alge
Date Deposited: 26 Jun 2019 11:58
Last Modified: 26 Jun 2019 12:28
URI: http://repository.uwl.ac.uk/id/eprint/6189

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