Autism and The Justice System

1. Autism and The Justice System Kristin L Tindell BCBA, LPC-S Central Texas Behavioral Solutions

2. Characteristics of Autism No one will exhibit all of these characteristics, as each case of autism has its own unique gifts and struggles.  This is a list of commonly seen characteristics found on the autism spectrum.  This list is provided for educational purposes and not meant to be used for diagnosing autism.  Many of these characteristics can also be found in those struggling with ADD/ADHD.  Generally, an individual with autism will have struggles in several areas, not just one.

3. Eye Contact Those on the spectrum of autism may exhibit LITTLE TO NO EYE CONTACT What this might look like…. Disrespect, avoidance, dishonesty, guilt….

4. Touch Some individuals with ASD show RESISTANCE TO BEING HELD OR TOUCHED What this might look like…. Combative, resistant to arrest, irrational or irritable

5. Personal Space Individuals with ASD often have a LACK OF PERSONAL SPACE and unaware when they’re too close to someone. What this might look like… Confrontation, disrespect

6. Social Initiation Individuals on the spectrum of autism often respond to social interactions but RARELY INITIATE them What this might look like… Guilt, avoidance, disrespect, complacency

7. Joint Attention Individuals with autism sometimes DO NOT SHARE OBSERVATIONS or experiences with others. What this might look like…. Dishonesty, guilt, appearing aloof, complacency, refusal

8. Concrete Thinking Individuals on the spectrum often have great DIFFICULTY UNDERSTANDING jokes, figures of speech or sarcasm. What this might look like…. Disrespect, refusal, low cognitive ability, intoxication

9. Difficulty reading Non-Verbal Communication People with autism often have TROUBLE READING BODY LANGUAGE AND FACIAL EXPRESSIONS. What this might look like…. Drug use/intoxication, disrespect, poor attitude, low cognitive ability

10. Issues with Conversation Individuals on the autism spectrum often DIFFICULTY UNDERSTANDING RULES OF CONVERSATION. What this might look like…. Disrespect, sarcasm, non-compliance, low cognitive ability, guilt, defiance

11. Problems in Groups Many people on the autism spectrum have DIFFICULTY UNDERSTANDING GROUP INTERACTIONS. What this might look like… Defiance, bullying, paranoia, guilt, psychopathic tendencies, low cognitive ability….

12. Aversion to Answering Questions Many people with ASD’s have an AVERSION TO ANSWERING QUESTIONS What might this look like? Defiance, disrespect, non-compliance, resistance, low cognitive ability

13. Questions/Comments Off Topic People with ASD often give INNACCURATE ANSWERS TO SIMPLE QUESTIONS What this might look like… Drug use, disrespect, low cognitive ability, confusion

14. Honest but Inappropriate Observations/Comments An individual on the spectrum sometimes makes HONEST BUT INAPPROPRIATE OBSERVATIONS OR COMMENTS. What this might look like… Bullying, disrespect, combative nature, rudeness

15. Prefers to be alone, aloof or overly-friendly Individuals on the spectrum will sometimes attempt to REMAIN ALONE OR may be OVERLY-FRIENDLY with people they don’t know very well What this might look like… Promiscuity, disrespect, sociopathic tendencies, lack of concern

16. Difficulty maintaining friendships People with ASD’s typically have DIFFICULTY MAKING AND MAINTAINING FRIENDSHIPS What this might look like.. Sociopathic tendencies, anti-social, aloof (loner), disinterested

17. Unaware of/disinterested in what is going on around them Individuals with ASD’s often are UNAWARE OR DISINTERESTED IN WHAT’S GOING ON AROUND THEM What this might look like…. Disrespect, drug use, low cognitive ability, lack of empathy or remorse

18. Restricted interests or obsessions with certain subjects or things Many individuals with an ASD have obsessions and/or narrow range of interests and will often TALK EXCESSIVELY about these interests What this might look like…. Lack of concern/empathy/remorse, disrespect, lack of cognitive ability, disinterest, disconnect from reality

19. Overly trusting or unable to read the motives behinds peoples’ actions. Many individuals with autism do not understand the thought process or motives behind the actions of others or are overly trusting because they do not understand danger. What this might look like… Lack of empathy or remorse, lack of concern for others, promiscuity, low cognitive ability

20. Have issues communicating effectively Communication is frequently an area of need for individuals with autism. They may have limited to no verbal ability or may have echolalia. What this might look like… Disrespect (refusal or mocking), low cognitive ability

21. Sensory processing disorders or sensory defensiveness Some individuals on the autism spectrum have intense reactions to certain sensory stimuli such as sound, light, touch etc. They may also have sensory-seeking behaviors What this might look like… Avoidant, disrespectful, irrational, violent, weird

22. Inability to Determine Motives of Others (Naïve, Gullible) Individuals with ASD sometimes act on the urging of others and are easily manipulated because they do not understand the motives of others. What this might look like… Bullying, class-clown, disrespect, rule breaker….

23. Spectrum and Competency Autism is truly a spectrum with a wide range of cognitive ability, communicative ability and social functioning levels. How do we know if they individual is competent and able to understand their offense and/or punishment?

24. Comorbid Diagnoses That Could Effect Competency/Sanity You cannot use insanity as a defense for ASD alone. However, there are some comorbid diagnoses that could effect the individuals functioning level and/or their behavior/choices. • Secondary Depression • Psychotic Major Depression • PTSD • Brief Psychotic Episode

25. Case Examples Francis – 18 – PDD-NOS Francis loves fire fighting, fire trucks, fire fighters Calls in a false report of a fire at his neighbor’s House Case pending

26. Case Examples Edwin – 23 – AspergersCollects everything – Uno cards, Legos, comic books, Eric Carle children’s books, ping pong balls, thousands of multi-colored plastic cups and 2071 images of child pornography on his PC Sex Offender? Edwin understands sex and would like to have some but is socially isolated and doesn’t know how to date There is no record of hands on sexual offending Was able to be processed through the Mental Health Court – not the Sex Offense Court

27. Case Examples Roger – 19 – AutismParents went out to a movie and Roger’s grandparents stayed with himRoger assaulted his grandparents, biting, kicking and punching themPolice are called, Roger won’t answer questions (he can’t), resists arrest, bites a police officer and destroys back seat of police car Ends up on Probation for assault and resisting arrest Not a candidate for anger management or domestic violence batterers curriculum Reports regularly and is “compliant”

28. Case Examples Zakh Price – Arkansas Reports indicate he was being restrained and lashed out, kicking the principal Charged with assault Condition may have caused a situation beyond the child's control. A child with a sensory disorder (like with autism), is susceptible to sensory overload. If they are pressured too much, they will be forced into a fight or flight frame of consciousness and could lash out in attempt to get away from the extra sensory issues that are triggering them. Some cases have been dismissed and therefore, autism is an applicable defense.

29. How to Communicate STAY CALM It is very important to stay calm and to speak in a clear calm voice. Concrete vs Abstract Keep it simple Avoid figures of speech, humor and sarcasm Monitor stress level and give frequent breaks if necessary Pair Check for understanding frequently (Repeat back, Fill in’s)

30. Effects of a Bad Environment It is clear that a bad environment can have an effect on individuals with autism. Imitation Tendency to follow/poor models High levels of access to obsessions Few demands placed Lack of teaching right from wrong Gullibility or Naivety can be taken advantage of

31. Behavior 101 ABC (Antecedent Behavior Consequence) Principles of reinforcement and punishment Functions of Behavior -To get something -To avoid something -To produce a sensation/feeling -To avoid a sensation/feeling

32. Treatment ABA Therapy/Behavior Intervention Plan/FBA Counseling with a BEHAVIORAL focus Social Skills program/group Appropriate activities/interests provided Parent/Caregiver training Cost Response/Black and White Consistency

33. Probation? Several factors that should be considered when deciding on how to respond Does the individual have a clear knowledge of right and wrong? What was the offense? Repeat offenses? What is the risk? Did the individual’s medical condition cause a situation that left him/her out of control? Could monitoring help the individual and family AND potentially prevent future offenses?

34. Advice It is highly important that all those dealing with individuals with ASD’s get EDUCATED on the characteristics and treatments for ASD. Seek empirically proven treatments/therapy for ASD Find support group Remember if you’ve met one person with autism….you’ve met one person with autism. Do not make broad generalizations about these individuals. Do not use autism, or any condition for that matter, as an excuse for inappropriate behavior.