Today, approximately 130,000 youth reside in juvenile detention and correctional facilities across the nation. Studies indicate that 65 to 70 percent of these youth have a diagnosable mental health or developmental disorder. According to the National Center for Mental Health and Juvenile Justice, 25 percent of youth with mental health issues are experiencing disorders so severe that their ability to function is severely impaired.

The U.S. House of Representatives has reported that many of these youth are either detained or placed in the juvenile justice system for relatively minor offenses. They end up in the system because of a lack of community-based service options (as a result of funding). And this is not the end of the story…it’s just the beginning.

Autism – a Major Developmental Disorder

Autism spectrum disorder, which most people refer to as autism, involves deficits in social communication and interaction. It is characterized by restricted, repetitive patterns of behavior, and, according to the National Institutes of Health,  can cause significant impairment in social and occupational functioning.

Some suggest that people with autism (ASD) may have characteristics that could make them both more likely, and less likely, to break the law. They also may have trouble with aggression, controlling emotions, and understanding other people’s points of view. They may also exhibit have a pattern of behavior that attracts attention by the police and lead to problematic encounters with law enforcement and the criminal justice system.

Children with autism may also display behavioral problems, such as aggression or making threats. According to Autism Advocacy and Law Center, staff members at a school, too often rely on law enforcement for help.

Autism, the Schools, and the Law

Children or youth with autism are statistically more likely to be charged with disturbing others while at school or a criminal offense while at the school. Compared to their nondisabled peers, students with disabilities are more likely to be suspended from school, referred to police or arrested for school-related incidents, and to be charged in the juvenile justice system.

Some ask if the social demands of school, or bullying by another student, contributes to the problems. Autistic youth might be more likely to engage in lashing out, or impulsive, aggressive behaviors when cornered or threatened.

When police officers are called in for an incident that occurred at a school, they can interview minors without a parent’s presence or their permission. Few children are aware of their right to remain silent and will often make self-incriminating statements. The statements, along with other evidence, can then forwarded to a prosecuting attorney.  The decision to charge a child with a crime is then in the hands of a person who may have no information regarding the child’s disability and how the disability affects the child’s behavior.

People with Autism as Victims of Crime

People with autism are more likely to be victims of crime than the general population.  Children with disabilities (including autism) are about three times more likely to be the victims of abuse or neglect than nondisabled children. According to research by the  Interactive Autism Network, children with autism are bullied more often than other children.

Dr. Matthew D. Lerner, the former director of the Spotlight social skills program for youth with autism near Boston, MA, sees a greater understanding of people with autism by law enforcement officials  — including police, prosecutors and defense attorneys. His research on violent criminals with high-functioning ASD found that theses “offenders” may have deficits in three important areas: moral reasoning, and understanding of other people’s perspectives, and emotional control. Some legal experts believe that these deficits may reduce the legal responsibility for the crimes they commit in certain cases. A few states currently allow ASD to be used as a defense or, alternatively,  in determining one’s competency to stand trial.

Individuals with autism are also at risk of committing socially inappropriate, often offending, behaviors. As a result, they are entering local and federal courts in ever growing numbers. In addition, many higher functioning individuals with ASD are not recognized as autistic police or the courts. Therefore, their disability is not accounted for in the commission of a crime.

Greater education and awareness about juvenile autism is the key to increased understanding and appropriate treatment by the public and law enforcement.