The Prevalence and Correlates of Involvement in the Criminal Justice System Among Youth on the Autism Spectrum

Background: Individuals with disabilities are involved in the criminal justice system at a higher proportion than the general population. Rates of youth who had ever been arrested among those with a learning disability were 32% and those with an emotional disturbance were 60% (Newman et al., 2011). Among youth on the autism spectrum, 10.3% have ever been arrested in their lifetime and nearly a quarter have been stopped by police for an offense other than a traffic violation (Newman et al., 2011). However, there is limited research into what factors and individual characteristics increase risk for criminal justice system involvement among youth on the autism spectrum and other disability types. 

Objectives: We aim to answer the following questions about youth on the autism spectrum, ages 21-25. What is the prevalence of involvement in the criminal justice system? Which factors are associated with their involvement in the criminal justice system? Are there significant differences in rates of involvement for youth on the autism spectrum when compared to peers with other disabilities after adjusting for wide range covariates?

Methods: We used data from the National Longitudinal Study-2 (NLTS2), a nationally representative study of youth who were in special education at the start of the study. From 2001-2009 information was collected every 2 years from parents and youth. The study began with 11,270 youth nationwide, 920 were youth on the autism spectrum. We derived estimates from the final wave of the study, which included youth in their early- to mid-20s.

Results: Covariates included gender, Hispanic ethnicity, race, household income, how well youth communicated by any means, and how well youth understands what people say. About one-tenth of youth on the autism spectrum had ever been arrested and 20% had ever been stopped and questioned by police. Youth on the autism spectrum who were male, or who had no trouble conversing, or understanding what people say, had significantly higher odds of ever being arrested. Male youth on the autism spectrum had significantly higher odds of ever being stopped and questioned by police. After adjusting for covariates, youth with emotional disturbances had significantly higher odds of ever being arrested and ever being stopped and questioned by police.

Conclusions: Youth on the autism spectrum have a high prevalence of involvement with the criminal justice system. Our work suggests certain factors are associated with involvement in the criminal justice system and there are significant differences for youth on the autism spectrum when compared to peers with other disabilities. Further research should examine how the outcomes of youth with disabilities differ and how to reduce the prevalence of such involvement.