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Disabling Criminal Justice: The Governance of Autistic Adult Defendants in the English Criminal Justice System


ISBN13: 9781509956944
Published: February 2024
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00



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This book considers the governance of autistic defendants and offenders in the UK courts.

Utilising the social model of disability, it considers the dominant strategies of governance, including 'vulnerability', which the author argues obscure the rights of disabled people in the criminal justice system. In doing so it sheds light on how this group should be governed.

Drawing on rigorously-researched case studies of autistic adult defendants through the court process, the book brings together relevant legal and policy literature, criminological and criminal justice theory and disability studies to provide insight into the 'dividing practices' that affect the governance of disabled defendants' conduct.

Using interviews with elites and practitioners, textual analysis, and court observation of 8 adult defendants with autism through their court process, the book investigates why the status of autistic defendants as disabled under the Equality Act 2010 has been overlooked in criminal justice policy and criminal court decision-making.

It explores the impact of the 'collateral' effects and 'symbiotic harm' of the criminal justice process on family members who support these defendants through the criminal justice process.

Subjects:
Criminal Law, Courts and Procedure
Contents:
1. Introduction: Autism, Criminality and the Criminal Justice System
2. Qualitative Methods and Inclusive Research Participation

Part 1: How Should Adult Defendants with Autism be Governed?
3. Disabling Criminal Justice: Developing a Theoretical Toolkit

Part 2: Strategies of Governance: Adult Defendants with Autism and the Policy Context
4. Disability vs Vulnerability in Liaison and Diversion
5. Where's Criminal Justice? The Autism Act 2009 and Related Policy

Part 3: Technologies of Governance: Criminal Court Practice
6: Pre-trial Shaping: The Police, the Crown Prosecution Service and Decision to Prosecute
7. To What Ends Are They Governed? Negotiating the Courtroom, Remand and Plea
8. Dividing Practices in Case Disposal: Aggravating and Mitigating Factors, Conviction and Sentence
9. Governance through the Family: Collateral Impact and 'Symbiotic Harm' for Defendants' Families

Part 4: 'The Creation of Other Possible Ways of Living'
10. Conclusion: The Normative Case for Disabling Criminal Justice