Unlocking Justice: Navigating the Criminal System for Individuals on the Autism Spectrum with Professor Larry Dubin

Mental Disabilities and the Criminal Justice System

This week Elizabeth Kelley talks with her guest, Professor Larry Dubin. The two discuss the work of helping people on the spectrum navigate “their new world” in the criminal justice system, the boilerplate knowledge that judges and prosecutors need to have in order to competently and humanely handle these cases, and the prevalence of people on the spectrum in our society. He tells us, “The numbers are showing there’s a lot of people on the spectrum, and they don’t need to be mistreated. It’s not fair, it’s not American to have them mistreated as they are currently through the criminal justice system.” In this episode, we discuss:

• What challenges are faced by people with autism spectrum disorder in the criminal justice system

• How Professor Dubin helps people on the spectrum navigate “their new world” in the system

• Why people on the spectrum are more likely to commit certain kinds of crimes

• What preventative strategies parents can take to keep their autistic child out of the criminal justice system, and how they can be better prepared in this event

• What improvements can be made by the criminal justice system to be more fair, equitable, and accessible for people on the spectrum

• The boilerplate knowledge that judges and prosecutors need to have in order to competently and humanely handle these cases

• Professor Dubin’s sage advice and wisdom-filled insight for us all

Larry Dubin is a graduate of the University of Michigan Law School, practiced law for almost a decade and after four decades as a law professor and has emeritus status at the University of Detroit Mercy School of Law. He taught, researched and published in the areas of legal ethics and litigation subjects, e.g., civil procedure, evidence & trial practice.

He has also co-edited and written a book: Caught In The Web of the Criminal Justice System: Autism, Developmental Disabilities and Sex Offenses, published by Jessica Kingsley Publishers, London and Philadelphia as well as having written numerous articles for journals on the subject of autism and the legal system.

Professor Dubin has also been quoted as a legal expert in newspapers and magazines around the United States and has been a legal analyst for many different television stations.

Elizabeth Kelley is a criminal defense lawyer with a nationwide practice focused on representing people with mental disabilities. She is editor of Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Lawyers (2018)(2nd ed. 2024 scheduled), Representing People with Autism Spectrum Disorders: A Practical Guide for Criminal Defense Lawyers (2020), and Representing People with Dementia: A Practical Guide for Criminal Defense Lawyers (2022), all published by the American Bar Association (ABA). She also serves as a Vice Chair of the ABA Criminal Justice Council and on the Editorial Board of Criminal Justice Magazine. She was appointed editor of the ABA's annual publication, The State of Criminal Justice. She served as co-chair of The Arc's National Council for Criminal Justice and Disability and the ABA's Commission on Disability. She served as a Non-Governmental Observer on behalf of the ABA at the Military Commission Hearings at Guantanamo.

Ms. Kelley served three terms on the board of the National Association of Criminal Defense Lawyers (NACDL), chaired its Mental Health as well as Membership Committees, and is a Life Member. She served on the Problem-Solving Courts and Body Camera Task Forces. She traveled to Liberia in 2009 and 2014 as part of a delegation sponsored by the U.N. Commission on Drugs and Crime and NACDL to train that country's criminal defense bar.

Ms. Kelley speaks and writes widely on the subjects of the intersection of mental disabilities and the criminal justice system as well as on Attorney Wellness. She completed her 500 hour Yoga certification through Semperviva Studio in Vancouver, B.C.. http://www.elizabethkelleylaw.com