THE STAGGERING CONNECTION OF ASD AND CRIME LEADS TO LEGAL SPECIALTY

By: Carol S. Weinman, Esq., CAS, Autism Expert & International Speaker

When I initially chose to concentrate most of my law practice on cases involving those with Autism Spectrum Disorder (ASD) who are arrested or have encounters with law enforcement, I often received the same inquiry. “You mean there are that many of those cases that you can focus your practice on that?” The resounding answer is, unfortunately, “yes.” And, the numbers keep on increasing, including those who are incarcerated.

The growing awareness of autism-related criminal encounters is calling attention to the need for training about ASD. Especially among law enforcement officers who are often the first legal encounter with these vulnerable individuals as they begin their arduous journey through the criminal justice system.  That’s what recently took place in Florida where there have been several recent cases involving arrests of offenders with ASD. The need to offer ASD training for police officers became apparent after witnessing videotaped encounters between them and suspicious looking males who are on the autism spectrum.

ASD is a unique and often mystifying disorder. It manifests differently in each individual and the behavior is often subtle and misleading. While understanding ASD cannot be achieved in a single course, it is a step in the right direction. Certainly, law enforcement can be educated on what to do and not to do if they approach someone who has autism. It is also important that police officers learn that those with ASD generally are not violent, but can react in a manner that appears violent.  

My trainings for police officers have proved rewarding and insightful. Gaining knowledge of ASD provides relief and empowerment for those in law enforcement.  

The urgency for training in Florida gained recent recognition four months after a North Miami police officer shot an unarmed behavioral therapist who begged officers in a now-viral video to not shoot the autistic man he was working with. This incident inspired the creation of House Bill 39, which mandates training in Florida for law enforcement officers.

And, this is only the beginning. Such training needs to extend to personnel within all areas of the criminal justice and prison systems. In the meantime, officers need to be aware that when encountering an individual with autism, it is best to: 1) approach slowly, 2) keep an appropriate distance, and 3) prevent escalation by resisting the urge to touch the individual. Rarely are these individuals dangerous or violent, but they will automatically react to what is perceived by them as a threatening situation. Spreading the word about ASD coupled with training are great first steps on the path to reducing unfortunate situations like the one that occurred in Florida. I am hopeful that Florida’s heeding the call to action with House Bill 39 will inspire other states to do the same.

 

 

 

1) http://news.wgcu.org/post/new-law-mandates-autism-training-florida-law-enforcement

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