Criminal Responsibility in Autism Spectrum Disorder: A Critical Review Examining Empathy and Moral Reasoning

Recent research has suggested the existence of a subset of individuals with autism spectrum disorder (ASD) that demonstrate criminal behaviour. It follows, then, that researchers must answer the question of whether an offender's diagnosis of ASD impacts his or her criminal responsibility. Such research has indicated that individuals with ASD display deficits in cognitive empathy and higher order moral reasoning. Based on these deficits, in the present narrative review, our findings suggest that an ASD diagnosis should be considered when establishing criminal responsibility, as defined by the Canadian Criminal Code (1985), c. C-46. To further understand how an ASD diagnosis might influence the evaluation of criminal responsibility, we compared the deficits in empathy and moral reasoning observed in ASD with those observed in individuals with psychopathy. We have also presented limitations of previous research investigating moral reasoning and empathy as they relate to criminal responsibility in ASD, as well as future directions that could lead to development in this area. Although this review has been considered in accordance with Canadian law, there are certainly applications to the issue of criminal responsibility worldwide.