Responding to neurodiversity in the courtroom: A brief evaluation of environmental accommodations to increase procedural fairness

Abstract

Recent research has highlighted that a high prevalence of young adults who have various forms of neurodivergence come into contact with the criminal justice system. Currently, many courts are not designed to respond to neurological differences often seen in young people who engage with them. The aim of this study was to identify ways to make locality courts more accessible, engaging, and ultimately more responsive to neurodivergence. A panel of neurodivergence specialists reviewed the general district courtroom environment of a new specialised young adult list court in Aotearoa New Zealand to identify potential barriers to accessibility and to highlight areas for improvement. The methodology involved naturalistic observation of a typical morning in the courtroom. We identified a series of recommendations with the potential to improve the court experience and increase access to justice for neurodivergent young adults. This study identified specific need for neurodiversity education and screening within the court environment.

Risk of Criminal Justice System Interactions in Young Adults with Attention-Deficit/Hyperactivity Disorder: Findings From a National Birth Cohort

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Increasing multidisciplinary professionals' capacity to support neurodiverse families

“…Researchers recognize that divorce is considered an ACE, and parents of neurodivergent children often need guidance from professionals to help them provide routine, stable, and transparent communication throughout the divorce process (Reilly et al, 2018). Professionals within the legal system are beginning to embrace and support neurodiversity efforts (Clasby et al, 2022). Such efforts include raising awareness among lawyers (Hartness & Bowers, 2020) and judges, including those in juvenile court settings that focus on supporting neurodivergent youth (Dicker & Marion, 2012; Drapela, 2022).…”