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Suspects with Autism Spectrum Disorder and the Pre-Trial Interview

Boran, Lorraine orcid logoORCID: 0000-0002-0993-0306 (2024) Suspects with Autism Spectrum Disorder and the Pre-Trial Interview. Master of Laws thesis, Dublin City University.

Abstract
This thesis aims to explore pre-trial access to justice for neurodiverse young adults, particularly those with Autism Spectrum Disorder (ASD) by examining the pre-trial police interview. It adopts an in-depth view of the challenges and supports these individuals encounter as suspects during police interviews, focusing on their unique cognitive and social strengths and vulnerabilities. Moreover, it investigates the role of police officers during these interactions, including police training needs and accommodations for neurodiverse suspects. Primary objectives include identifying barriers to justice for ASD suspects from a selective umbrella review of the international literature and its application to the Irish pre-trial process, assessing suspect needs through a capabilities and vulnerability theoretical framework, and exploring best practices of the UK's 'Appropriate Adult' safeguard system. The thesis also examines real-life pre-trial investigative interview challenges, barriers, and support for a young male adult with ASD based on a Canadian case. Findings from the selective review highlight dissatisfaction within the ASD community towards police encounters, emphasising a lack of autism awareness, inadequate communication skills, and perceived victimisation or discrimination. It underscores insufficient recognition of the suspects' vulnerability due to ASD under the lens of vulnerability and human rights perspectives. The thesis also identifies gaps in police training on how to interact with ASD suspects and emphasises the need for culturally sensitive approaches. Furthermore, it considers the need for legal adjustments and structural changes in the criminal justice system, considering the European Convention on Human Rights' principles, to ensure equitable treatment of neurodiverse suspects. Suggestions for future work include developing an Autism and Justice Strategy in Ireland and devising a robust vulnerability screening strategy. The thesis also calls for creating autism-friendly environments, such as custody rooms, and triangulating Human Rights and Equality Act frameworks to better support ASD individuals' access to justice.
Metadata
Item Type:Thesis (Master of Laws)
Date of Award:August 2024
Refereed:No
Supervisor(s):Daly, Yvonne
Uncontrolled Keywords:Neurodiversity; Neurodevelopmental Disorder; Pervasive Developmental Disorder; Autism Spectrum Disorder; Attention-Deficit Hyperactivity Disorder; Intellectual Disability; Communication Disorder; Adolescent Brain; Pre-Trial Suspect Interview; Custodial Legal Assistance; UN Convention on the Rights of Persons with Disabilities (CRPD); Human Rights; Therapeutic Jurisprudence; Vulnerability
Subjects:Medical Sciences > Psychology
Social Sciences > Law
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Science and Health > School of Psychology
DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government
Use License:This item is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 License. View License
ID Code:30273
Deposited On:20 Nov 2024 13:52 by Yvonne Daly . Last Modified 20 Nov 2024 13:52
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Creative Commons: Attribution-Noncommercial-No Derivative Works 4.0
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