Neuroscience of Autism in the Legal Context

Over the past twenty years, there has been a burgeoning literature on the neuroscience of autism spectrum disorders (ASD). This literature has identified a number of differences which distinguish the brains of people with ASD from their typical counterparts, including findings related to the brain systems underlying empathy and social ability. These findings come from an array of imaging modalities, including EEG and fMRI. While this literature is clearly relevant to the legal determinations both in and out of the courtroom, in that identifiable brain differences may be linked to precise functional deficits, and in turn, problematic behaviors, there are several fundamental issues with applying the results of neuroscience testing to individual cases. This chapter reviews the neuroscience literature on ASD. In particular, we focus on the case example of neuroimaging, the modality most frequently invoked in court cases, and discuss the potential that this science has to inform official discretion and factfinding in the legal system, as well as some fundamental limitations.