Disability-Mediated Offending in Autism Spectrum Disorder: A Medico-Jurisprudential Analysis of the Core Experience Domains (CEDs) Toward Inclusive Justice in Court Proceedings

Abstract

Disability-mediated offending (DMO) among individuals with Autism Spectrum Disorder (ASD) presents a complex medico-jurisprudential challenge, particularly when courts are required to interpret behaviors shaped by neurodevelopmental differences rather than conventional criminal intent. Although autistic individuals are more likely to be victims than perpetrators of crime, a minority may encounter the criminal justice system due to their behaviors influenced by sensory dysregulation, communication misunderstandings, social naïveté, emotional dysregulation, or co-occurring mental health conditions. Conventional legal systems, however, frequently rely upon neurotypical assumptions concerning communication, emotional expression, and behavioral intent, thereby increasing the risk of misinterpretation and procedural inequity. This conceptual paper examines how Chia’s Core Experience Domains (CEDs), namely sensory needs, communication differences, and social interaction patterns, may serve as a medico-jurisprudential framework for understanding DMO among individuals with ASD, especially in court settings. Through a neurodiversity-informed and disability-sensitive lens, the paper explores how the CED framework may assist courts in contextualizing culpability, interpreting courtroom behaviors, informing forensic assessments, and guiding equitable sentencing practices. Key principles for inclusive justice are proposed, including neurodevelopmental contextualization, individualized assessment, procedural accessibility, therapeutic proportionality, and interdisciplinary collaboration. The paper concludes that a CED-informed medico-jurisprudential approach may strengthen inclusive justice by balancing legal accountability with neurodevelopmental understanding, fairness, and dignity for autistic offenders.