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Caught in the Web of the Criminal Justice System

Caught in the Web of the Criminal Justice System

Lawrence A. Dubin, J.D. | Emily Horowitz, Ph.D. | Alan Gershel | Gary Mesibov | Melissa Sreckovic | Kenneth M. Mogill | Dennis P. Sugrue | Mark H. Allenbaugh | Richard Wollert | Alexander Skelton | Fred S. Berlin | Erin Comartin | Nick Dubin | Catherine Carpenter | John Douard | Pamela Schultz | Mark Mahoney

(2017)

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Book Details

Abstract

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.


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
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
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
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

Table of Contents

Section Title Page Action Price
Caught in the Web of the Criminal Justice System - Autism, Developmental Disabilities, and Sex Offenses, Edited by Lawrence A. Dubin, J.D.and Emily Horowitz, PH.D. 3
Foreword - Alan Gershel, Former Acting U.S. Attorney for the Eastern District in Michigan 7
Introduction - Mark Mahoney, J.D., noted criminal defense attorney who has expertise in defending ASD individuals charged with criminal offenses 11
Introduction: Caught in the Web of the Criminal Justice System: Autism, Developmental Disabilities, and Sex Offenses - Lawrence A. Dubin and Emily Horowitz 21
1. A Father’s Journey to Protect His Son: A Legal Perspective  - Lawrence A. Dubin 34
2. Child and Juvenile Pornography and Autism Spectrum Disorder - Gary Mesibov and Melissa Sreckovic 64
3. Representing an Autism Spectrum Disorder Individual Charged with Possession of Internet Child Pornography: A Case Study - Kenneth M. Mogill 94
4. Forensic Assessment of Individuals on the Autism Spectrum Charged with Child Pornography Violations - Dennis P. Sugrue 112
5. Sex Offenses, Lies, and Politics: The Web of the Registry - Emily Horowitz 140
6. Tilting at Windmills: The Misplaced War on Child Pornography Offenders - Mark H. Allenbaugh 161
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 and Alexander Skelton 185
8. Accessors and Distributors of Child Pornography: Not Who You Think They Are - Fred S. Berlin 215
9. Collateral Damage of Sex Offender Management Policies for Individuals with Asperger’s Syndrome and Their Family Members - Erin Comartin 228
10. An Alternative Universe: The Perspective of an Autistic Registrant - Nick Dubin 248
11. Navigating Judicial Responses for Those Caught in the Web - Catherine Carpenter 274
12. Asperger’s Syndrome and Downloading Child Pornography: Why Criminal Punishment is Unjust and Ineffective - John Douard and Pamela Schultz 305
Afterword - Tony Attwood, noted psychologist, author and lecturer on autism spectrum disorders 329
Appendix - Judicial Diversion in Child Pornography Cases 331
Subject Index 343
Author Index 348
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