Policy gaps and opportunities: A systematic review of autism spectrum disorder and criminal justice intersections.
Autistic people hit policy dead zones in every corner of criminal justice, and this paper gives BCBAs a map to plug the holes.
01Research in Context
What this study did
Moya et al. (2022) read 89 papers about autistic people and the criminal justice system. They sorted every study into six stops: police contact, first lock-up, court, jail, prison, and life after release.
The team looked for policy holes at each stop. They wanted to know where autistic people lose help and where new rules could fix things.
What they found
Most research sits at police and court stages. Almost none looks at jail, prison, or getting out. Autistic people face more stops than others, but we lack plans to screen or support them.
Biggest gap: no standard way to flag autism inside the system. Without flags, judges and guards miss needs for communication aids, quiet spaces, or shorter interviews.
How this fits with other research
Lewis et al. (2021) surveyed lawyers and found courts often deny autistic clients simple fixes like written questions or break time. Moya et al. (2022) maps the same court stage and shows these denials are policy holes, not one-off events.
Barton et al. (2019) warns that autistic people give less accurate witness statements under stress. Moya et al. (2022) places this risk at Intercept 3 (court) and calls for special interview rules.
Meimei et al. (2021) report high epilepsy rates in autism. Moya et al. (2022) says jails rarely screen for either condition, creating a health safety gap behind bars.
Why it matters
If you write behavior plans or consult to schools, add justice questions to your intake. Ask if the client has had police contact. Share the six-intercept map with families so they know where supports are missing. Push for autism flags in local court and probation files—one line can trigger needed accommodations and keep kids safer.
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02At a glance
03Original abstract
The number of people with autism spectrum disorder has increased, and as this population ages, research is showing high rates of contact with the criminal justice system among this group. Social and communication differences that autistic individuals experience can act as a risk factor during these interactions, as shown by public reports of negative and violent encounters between autistic individuals and the law enforcement. There is a clear need for evidence-based strategies to reduce high rates of contact and to improve outcomes when an interaction occurs. This article provides a systematic review of research on autism spectrum disorder and criminal justice system to compile this evidence base. The Preferred Reporting Items for Systematic Reviews and Meta-Analysis structure was used to identify 89 articles after searching six databases. The Sequential Intercept Model describes the criminal justice system as different stages, or intercepts, that are connected, and the Sequential Intercept Model serves as an overall framework to organize the included articles. Articles were analyzed to identify research themes at each intercept, which offer guidance for policy and program changes that support equitable justice for autistic individuals.
Autism : the international journal of research and practice, 2022 · doi:10.1177/13623613211070341