Detecting Criminal Intent in Social Interactions: The Influence of Autism and Theory of Mind

Objective: Defense attorneys sometimes suggest that social-cognitive difficulties render autistic individuals vulnerable to involvement in crime, often arguing that theory of mind (ToM) difficulties that undermine inferences about others' intentions underpin this vulnerability. We examined autistic adults' ability to respond adaptively to criminal intent during interactions and whether difficulties were associated with poor ToM. Hypotheses: Compared with nonautistic adults, autistic adults were expected to be less likely to respond adaptively to another's criminal intent and less likely to do so early in interactions, with poorer performance associated with ToM difficulties. Method: We developed the Suspicious Activity Paradigm, in which autistic (n = 102) and nonautistic (n = 95) adults listened (as if participating in an interaction) to audio scenarios in which cues suggesting their impending involvement in a crime gradually emerged. At periodic intervals, they were required to indicate how they would react toward the other person's behavior, with response coding reflecting detection of, and adaptive responding to, suspicious activity. Results: We observed similar patterns of suspicion and adaptive responses in autistic and nonautistic adults as the scenarios progressed. Regardless of diagnostic status, pronounced ToM difficulties and low verbal ability were independently associated with a lower likelihood of reporting suspicion and responding adaptively. Conclusions: Our results do not support the perspective that autistic adults are uniquely vulnerable to crime involvement due to an inability to recognize and respond adaptively to suspicious behavior. The potential for heightened criminal vulnerability was associated with significant ToM difficulties (and verbal ability) regardless of autism diagnostic status, although such difficulties were more prevalent in the autistic sample. The finding that pronounced ToM difficulties may heighten criminal vulnerability for both autistic and nonautistic individuals challenges the validity of a generalized "autism" legal defense based on assumed rather than measured ToM difficulties.