Earlier this month I began researching jury perceptions
of criminal defendants who had an Autism Spectrum Disorder (ASD). In the course
of my research, I found myself wondering about the people in the jury box—do
people diagnosed with ASDs regularly serve on juries? A quick Google search
revealed an interesting pattern. The top results all consisted of community
forums and blog posts asking the same question in different ways:
“Can I get out of jury duty if I am autistic?” These blogs and forums revealed
a number of people searching for answers, for either themselves or a loved
one.
According
to the Diagnostic and Statistical Manual of Mental Disorders (DSM–5):
“Autism spectrum disorder is characterized by persistent deficits in social
communication and social interaction across multiple contexts . . .” The
American Psychiatric Association defines ASD
as “a complex developmental condition that involves persistent challenges in social interaction, speech and nonverbal
communication, and restricted/repetitive behaviors.” It seems natural, then,
that an individual with an ASD would feel anxious about the prospect of sitting
through an adversarial trial setting in order to later discuss the proceedings
with a group of eleven strangers.
One
blogger with an ASD recounted his experience after receiving a jury summons.
He described how he was excused after explaining to the judge that, for him,
being in the midst of a group of twelve people would render him utterly unable
to “think, follow, or process the conversation, much less communicate
appropriately or effectively.” Other forums
seemed to support
the notion that an inability to communicate effectively and understand social
cues and nuances was a significant barrier
for those with an ASD when it comes to jury duty—whether they are selected as a
juror or not. While it is seemingly a rarity, some individuals with an ASD have
served on juries. For example, one man
with an ASD was celebrated by his
community as the “first Fulton county grand
juror with autism.”
Courts across the nation do not have a one-size-fits-all
answer to whether those with an ASD should, could, or must serve on a jury. Last year, a judge in
Jacksonville, Florida ruled that Dathon Mason, a man with “severe autism,” must
report for jury duty. Mason’s doctor faxed the required “request for
excusal” form to the court, but the judge denied the request. Mason’s mother
told news cameras that it was a “meltdown waiting to happen” and that her son
panics anytime he is forced to leave home. Nonetheless, the judge refused the request for excusal.
The issue of whether those with an ASD should be excused from jury duty is a
tough one to navigate. “Autism Spectrum Disorder” employs the word “spectrum”
for a reason—as the American Psychiatric Association states,
“[t]he effects of ASD and the severity of symptoms are different in each
person.” So while some individuals with an ASD may be excited and interested in
the opportunity to serve on a jury, for others it could be a nightmare
scenario. Another question that has been posed in some ASD forums is whether jurors
with an ASD would help or hinder the deliberation process. Individuals in one
Asperger’s forum suggested
that those with an ASD might be even better poised to objectively analyze
“logical, hard evidence” since they would not be able to make judgments based
on human behavior or emotion.
For
individuals with an ASD, their ability to serve as a juror is highly dependent
on their individualized circumstances. A blanket policy on
the ability of those with an ASD to serve will not suffice. The factors for
determining one’s ability to serve as a juror with an ASD are too varied to not be considered on a case by case
basis. In some cases, like that of Dathon
Mason, that means that judges will not always make the right call.
ddalcol@smu.edu
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