April 04, 2025

Elizabeth Kelley:Autism in the Legal System: A Defense Attorney's Perspective

29 minutes

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Criminal defense attorney Elizabeth Kelley shares her expertise on representing individuals with autism spectrum disorder and mental health conditions in the justice system, revealing how these clients are often misunderstood and how proper legal representation can change outcomes.

• Started career representing a client with intellectual disability who was manipulated into criminal activity

• Defines mental disabilities broadly to include mental illness, intellectual disabilities, and neurological conditions like autism

• Approximately half of people on the autism spectrum also have intellectual disabilities

• Many autistic individuals develop depression or anxiety from years of bullying and social ostracization

• Uses forensic mental health experts to evaluate clients and explain the connection between diagnosis and behavior

• Emphasizes that mental disabilities are not excuses but explanations for behavior

• Highlights that people with mental disabilities are more likely to be crime victims than perpetrators

• Prosecutors serve as gatekeepers to the justice system through charging decisions and plea offers

• Legal options like competency and insanity defenses often inadequate for autism cases

• Advises families to take early legal issues seriously as warning signs

• Recommends pursuing diversionary options whenever possible to avoid permanent records

• Works to educate judges and prosecutors about the reality of mental disabilities

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intro/outro music bed written by T. Wild

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The content on Why Not Me: Embracing Autism amd Mental Health Worldwide, including discussions on mental health, autism, and related topics, is provided for informational and entertainment purposes only.

The views and opinions expressed by guests are their own and do not reflect those of the podcast, its hosts, or affiliates.

Why Not Me is not a medical or mental health professional and does not endorse or verify the accuracy, efficacy, safety of any treatments, programs, or advice discussed.

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