Caught in the Web of the Criminal Justice System
Autism, Developmental Disabilities, and Sex Offenses
Published on 21. June 2017
Book
Paperback/Softback
352 pages
978-1-78592-713-3 (ISBN)
Description
Increasing numbers of people with autism and other developmental disabilities are being convicted of sex offences, resulting in draconian and public punishment. Yet even when evidence shows that people with these conditions often pose little threat to society, or lack a core understanding as to why their actions break the law, the "sex offender legal regime" doesn't allow any room to take the disability into account.
This ground-breaking book offers a multi-disciplinary examination of how unjust sex offense laws trap vulnerable groups such as those with developmental disabilities. Drawing on research, empirical evidence and including case studies, experts from the fields of law, ethics, psychology and sociology explore what steps should be taken in order to ensure that laws are just and take into consideration factors such as the vulnerability of the perpetrators. Investigating the consequences caused by public hysteria over sex offenses, this book highlights the judicial failure to protect defendants with developmental disabilities in the context of the unjust and hyper-punishment of all those charged with sex offenses. Proposing a new way forward based on research and evidence-based sentencing for sex offenses, and elimination of the sex offender registry, this book offers an informed and compassionate view that is essential for all professionals working in this field.
This ground-breaking book offers a multi-disciplinary examination of how unjust sex offense laws trap vulnerable groups such as those with developmental disabilities. Drawing on research, empirical evidence and including case studies, experts from the fields of law, ethics, psychology and sociology explore what steps should be taken in order to ensure that laws are just and take into consideration factors such as the vulnerability of the perpetrators. Investigating the consequences caused by public hysteria over sex offenses, this book highlights the judicial failure to protect defendants with developmental disabilities in the context of the unjust and hyper-punishment of all those charged with sex offenses. Proposing a new way forward based on research and evidence-based sentencing for sex offenses, and elimination of the sex offender registry, this book offers an informed and compassionate view that is essential for all professionals working in this field.
Reviews / Votes
Who doesn't want to protect kids from sexual violence? We all do! But our current sex offender laws are turning Americans with autism into pariahs when they don't - can't - understand our social cues and taboos. The result is harsh punishments that don't make children any safer, even as they decimate lives that were already heartbreakingly difficult. Kudos to Dubin and Horowitz for bringing light to one of the saddest and most infuriating issues facing our country. -- Lenore Skenazy, founder of the book, blog and movement Free-Range Kids Although this book's focus is on the lack of justice in the criminal justice system for those with disabilities such as autism, it's much more - a well-documented demonstration of the continuation of legislation and policies driven not by evidence and efficacy, but by fear, anger, revenge panic and politics. -- William C. Buhl, retired Circuit Judge and former District Judge and Prosecuting Attorney An intimate look at the social and sexual challenges of people with Autism Spectrum Disorders to an informed critique of child pornography prosecutions and the hyper-punishment of sex offenses. The resultant proposals are rational, just, and humane, not only for people with development disabilities but for all criminal defendants. -- Judith Levine, author of Harmful to Minors: The Perils of Protecting Children from Sex In the past, when the unthinkable happened and an individual within the autism spectrum was charged with sexually-related crimes, parents despaired, clinicians and advocates stood powerless, and a train wreck of destruction followed. No More. This book is now our most powerful weapon to counter a system too rigid to understand, too self-righteous to be just, and too unforgiving to consider scientific facts and clinical knowledge. -- Ami Klin PhD, Marcus Autism Center, Children's Healthcare of Atlanta and Emory University School of Medicine This text... represents a crucial exploration into the subject of working with offenders convicted of child pornography or sexual abuse charges. It differentiates itself by considering the perspectives of sexual offenders with a diagnosis of autism and other developmental disabilities and offers a fresh perspective upon current sex offending legislation in the USA... the book has value for probation staff and other professionals working with clients on the autism spectrum, by considering that specific service users with autism convicted of a sexual offence may require alternative interventions and support programmes to those typically offered to service users without additional needs. In doing so, the book highlights the diverse backgrounds of individuals identified as committing a sexual offence and supports the philosophy that treating everyone the same does not equate to true equality. -- Iain Dickie, Researcher, University of Cumbria * Probation Journal *More details
Language
English
Place of publication
London
United Kingdom
Target group
Professional and scholarly
Product notice
Paperback (UK-trade)
Illustrations
None
Dimensions
Height: 226 mm
Width: 152 mm
Thickness: 18 mm
Weight
476 gr
ISBN-13
978-1-78592-713-3 (9781785927133)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Lawrence A. Dubin J.D. | Emily Horowitz Ph.D.
Caught in the Web of the Criminal Justice System
Autism, Developmental Disabilities, and Sex Offenses
E-Book
06/2017
Jessica Kingsley Publishers
€57.99
Available for download
Persons
Nick Dubin was diagnosed with Asperger's Syndrome in 2004. He holds a Bachelor's Degree in Communications from Oakland University, a Master's Degree in Learning Disabilities from the University of Detroit Mercy, and a Specialist Degree in Psychology and Psy.D. from the Michigan School of Professional Psychology. He has authored many books on autism spectrum disorders including 'Asperger Syndrome and Anxiety', also published by Jessica Kingsley Publishers. Nick lives in a suburb of Detroit, Michigan. Tony Attwood, PhD, is a clinical psychologist from Brisbane, Australia, with over 30 years of experience with individuals with autism spectrum disorders. He is currently Adjunct Professor at Griffith University in Queensland.
Content
Foreword by Alan Gershel, J.D., Former U.S. Attorney, Eastern District of Michigan, USA. Introduction. Mark Mahoney, J.D.. Introduction: Caught in the Web of the Criminal Justice System: Autism, Other Developmental Disabilities and Non-Contact Sex Offenses. Lawrence A. Dubin, Professor of Law, University of Detroit Mercy School of Law, USA and Emily Horowitz, Professor of Sociology and Criminal Justice, St. Francis College, Brooklyn, New York, USA. 1. A Father's Journey to Protect His Son: A Legal Perspective. Lawrence A. Dubin. 2. Child and Juvenile Pornography and ASD. Gary Mesibov, Licensed Psychologist, Professor Emeritus, University of North Carolina, USA. 3. Representing an Autism Spectrum Disorder Individual Charged with Possession of Internet Child Pornography: A Case Study. Kenneth M. Mogill, Criminal Defense Lawyer, Mogill, Posner & Cohen, USA. 4. Forensic Assessment of Individuals on the Autism Spectrum Charged with Child Pornography Violations. Dr Dennis P. Sugrue, Assistant Professor of Psychiatry, University of Michigan, USA. 5. Sex Offenses, Lies, and Politics: The Web of the Registry. Emily Horowitz. 6. Tilting at Windmills: The Misplaced War on Child Pornography Offenders. Mark H. Allenbaugh, Criminal Defense Lawyer, USA. 7. Egregious Flaws Discredit the Butner Redux Study: Effective Policies for Sentencing Federal Child Pornography Offenders Require Findings Based on Valid Research Principles. Richard Wollert, Mental Health, Law and Policy Institute, Simon Fraser University, Canada and Alexander Skelton, Department of Corrections, Wellington, New Zealand. 8. Accessors and Distributors of Child Pornography: Not Who You Think They Are. Fred S. Berlin, Sexual Behaviour and Consultations Unit, John Hopkins University, USA. 9. Collateral Damage of Sex Offender Management Policies for Individuals with Asperger's Syndrome and Their Family Members. Erin Comartin, Assistant Professor of Social Work, Wayne State University, USA. 10. An Alternative Universe: The Perspective of an Autistic Registrant. Nick Dubin, USA. 11. Navigating Judicial Responses for Those Caught in the Web. Catherine Carpenter, Professor of Law, Southwestern Law School, USA. 12. Asperger's Syndrome and Downloading Child Pornography: Why Criminal Punishment is Unjust and Ineffective. John Douard, Professor of Philosophy, University of New Jersey, USA and Pamela Schultz, Professor of Communication Studies, Department of Psychology and Communication, Alfred University, USA. Afterword. Tony Attwood.