The Impact of Aspergers Syndrome on Decision Making

Research has developed clinical knowledge of Asperger’s Syndrome and other Autism Spectrum Disorders (ASD). However, society still misunderstands the needs of autistic people who are constantly driven towards unsafe zones like the Criminal Justice System. Recent statistics reveal that at least one in every hundred people has an Autism Spectrum Disorder (ASD). The Justice system contacts such individuals as witnesses, offenders and/or victims (Taylor, Mesibov & Debbaudt, 2009). Decision-making, communication, behavior and ability levels of Asperger’s syndrome and other autistic persons vary greatly and present challenges to criminal justice professionals. Considering the thoughts and feelings of other people is empathetic and helps with social interactions and communication. However, it is not sufficient. Having an understanding of beliefs does not guarantee an emotional understanding; an emotional understanding is not empathy, and empathy is not a guarantee of sympathy.

Empathy is understanding the thoughts and feeling of others and responding in a caring way. AS and ASD individuals have impaired theory of mind abilities that results in poor decision-making (Dvash & Shamay-Tsoory, 2014). They could not force him because he had an aversion to touching. The police were called but they ignored the counsel of his care provider. One of the officers touched him and ZH panicked, jumping into the pool fully clothed. Police officers pulled out, arrested, assaulted and falsely imprisoned ZH. If the policemen were aware and trained on mental health issues, they would have approached ZH differently because he is, indeed, different. Training on mental illness and vulnerability in the justice system will help police recognize possible mental health issues and learning disabilities of people they come into contact with, thus, ensuring that they respond appropriately and effectively.

A cognitive approach to contact ASD/AS individuals enable police to understand how cognition affects their behavior (decision-making). Some disabilities are obvious while others are hidden. It may not be obvious to identify an ASD or AS person and others may not disclose that they have mental illness or disability during initial and subsequent assessments. Therefore, the justice system can take special measures- intermediaries, to assist mentally vulnerable victims, suspects and witnesses. The insights of the theory can help judicial officers understand why AS and ASD individuals make poor decisions and formulate special approaches to determine their testimony, defense, and culpability in the judicial system. Interpretation of Research Findings Browning and Caulfield (2011) article on The Prevalence and Treatment of People with Asperger’s Syndrome in the Criminal Justice System assesses the training judicial officers need to appropriately respond to inmates with AS issues.

The authors’ investigation of potential links between Asperger’s Syndrome and criminality reveal that since 1992, when research was recommended by the Department of Health into the pattern of offending for ASD, academic responses (such as Mayes, 2003; Woodbury-Smith and Dein, 2010) have failed to make significant impact to develop appropriate service provisions for ASD individual in the Criminal Justice System. This depicts that there exist loopholes in the justice system that need to be mended by training police, judicial and prison officers about Asperger’s Syndrome. Officers of the justice system lack sufficient information about Asperger's Syndrome, hence, are not aware of how to respond, treat and care for autistic individuals. The study stresses on the significance of compensatory learning to influence neurophysiologic limitations in order to understand the ability of AS individual to decide because of false belief tasks (Senju, White, Southgate & Frith, 2009).

Little is known about how courts in the justice system approach cases with autism and Asperger’s Syndrome victims/ suspects. A recent article on Forensic issues in autism spectrum disorder: learning from court decisions, explores the approaches used by courts to evaluate criminal responsibility for individuals with AS and ASD. The article reviews the importance of mental health experts in the judicial process. It provides insight that mental health experts play an essential role in educating the courts how Asperger's Syndrome influences the social behavior and decision making of AS individuals. It is true that AS and ASD individuals are high-functioning and have high intellectual capacity but they make poor decisions because they are unable to interpret the thoughts and feelings of others.

Research findings indicate that people with the autistic disorder can read social cues but it is how the social information is used in decision-making that makes the difference. There is great need to conduct further research to evaluate and analyze the thought process and interpretation of information into a decision for those with AS and ASD. Training judicial and prison officers regarding the needs of autistic persons will facilitate a fair judicial process. Any changes for autistic people can be unpleasant and irritable. Various researchers have explored the theory of mind, the treatment of AS individuals in the Criminal Justice System and approaches used by courts to determine criminal responsibility. The theory of mind reveals that the deficiency to attribute ideas, emotions, and beliefs to oneself and to others limits the decision-making process for people with Asperger’s Syndrome.

Research has identified the limitations of people with AS and ASD and also highlighted on the inefficiencies in delivering fair and just sentences in the Criminal Justice System. While there have been numerous studies investigating the behavior of persons with ASD, there is little research investigating the experiences faced by such individuals in the prison environment. Most research is limited to police arrest and sentencing in the courtroom. com/4-cognitive-approach-strengths-and-weaknesses/ Crane, L. , Maras, K. , Hawken, T. , Mulcahy, S. , & Memon, A. King, C. , & Murphy, G. A systematic review of people with autism spectrum disorder and the criminal justice system.  Journal of Autism Development Disorders, 44(11), 17-33. doi: 10. 00539 Livingston, J. , Desmarais, S. , Verdun-Jones, S. , Parent, R. , Michalak, E. Mindblind Eyes: An Absence of Spontaneous Theory of Mind in Asperger Syndrome.