Autism & Developmental

The prevalence of youth with autism spectrum disorders in the criminal justice system.

Cheely et al. (2012) · Journal of autism and developmental disorders 2012
★ The Verdict

Autistic youth appear in court mostly for person-crimes but are diverted more than prosecuted, showing courts already sense their needs.

✓ Read this if BCBAs working with teens who might enter the juvenile justice system.
✗ Skip if Clinicians focused only on early childhood or medical settings.

01Research in Context

01

What this study did

Storch et al. (2012) looked at court records for youth with autism. They wanted to know how many autistic kids end up in the justice system.

They compared crimes, court actions, and other diagnoses between autistic and non-autistic youth.

02

What they found

Autistic youth were charged with more person-crimes like hitting or pushing. Yet they were diverted to services more often than sent to trial.

They also had fewer additional intellectual disabilities than the non-autistic group.

03

How this fits with other research

Helverschou et al. (2018) later asked autistic adults about their own jail time. Their stories show the same misunderstanding A et al. saw in teens, proving the problem lasts past high school.

Smit et al. (2019) screened kids in secure homes and found about 13% flagged for autism. A et al. found autistic teens already in court, while J et al. caught them earlier in the pipeline.

Woodbury-Smith (2020) argues rising autism labels in prisons may just be better diagnosis, not more crime. A et al.'s court data support this: autistic youth aren't committing new waves of crime, they're entering a system that now notices them.

04

Why it matters

If you work with teens, expect some to reach court after social mishaps turn physical. Push for diversion programs that teach coping skills instead of punishment. Share the autism diagnosis early so judges see a kid who needs help, not a young criminal.

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Add a justice-system risk note to your safety plan and teach clients to disclose their diagnosis calmly if stopped by police.

02At a glance

Intervention
not applicable
Design
other
Population
autism spectrum disorder
Finding
not reported

03Original abstract

Past surveys have reported high rates of youth with disabilities in the juvenile justice system, however, little research has examined the frequency with which youth with Autism spectrum disorders (ASD) are in contact with law enforcement. Using records linkage with the Department of Juvenile Justice and the South Carolina Law Enforcement Division and the South Carolina Autism and Developmental Disabilities Monitoring Program (SC ADDM), this study compares the frequency, type, and outcome of criminal charges for youth with ASD and non-ASD youth. Youth with ASD had higher rates of crimes against persons and lower rates of crimes against property. Youth with ASD were more likely to be diverted into pre-trial interventions and less likely to be prosecuted than comparison youth. When compared to the overall SC ADDM sample, charged youth were less likely to have comorbid intellectual disability.

Journal of autism and developmental disorders, 2012 · doi:10.1007/s10803-011-1427-2