Ugh, an annoying scratch this morning. I enjoy reading Scott Greenfield, really. But today’s post on why people on the autistic spectrum shouldn’t be allowed to serve as jurors is just wrong.
But their [i.e., Autistics] right to a wonderful life must give way to a defendant’s right to be judged by a jury without any impediment to fair and sound verdict.
Granted, there are any number of other impediments that stand in the way of non-autistics serving on a jury, and I don’t mean to suggest that autistics alone should be precluded from jury duty. Rather, anyone who, for whatever reason, is unable to sit as a juror, with the ability to understand and process the proceedings, sit for whatever length of time is required without distraction, whether because the kids are coming home from school and there’s no one to let them in or because they lack the ability focus for prolonged periods, shouldn’t be jurors. People who take medication that makes them drowsy, impairs their cognitive ability, or alters their perceptions, shouldn’t be jurors. And, given the nature of autistic spectrum disorder, people who are autistic shouldn’t be jurors.
While people with autism should be able to do almost anything that anyone else can do, consistent with their functional abilities, serving as a juror just isn’t one of them. In the balance of rights, the defendant’s must prevail.
What I didn’t realize was that “impartial” means a jury of smart, attentive people whose ability to understand testimony and perceive witnesses’ demeanor is beyond reproach. So Autistics (no matter where you are on the spectrum), retards, or just generally slow people (you hear that Rednecks!), should not bother with showing up for jury duty. At least according to Mr. Greenfield. Oh, and you better throw in anybody else who views themselves more capable than they really are, which includes a number of lawyers I know.
As a father of an autistic child, I understand intimately the difficulties they face day in and day out. It’s a struggle, and they become very aware of their differences. Painfully aware. Which is why I applaud this post. If you’re AS, it’s these kinds of instructions that help you better cope with the world around you. Anyone who has a child on the spectrum or works with them understands this and understands that it works.
In the end, you should ask yourself whether you want someone who constantly assesses themselves in relation to the world around them, tries to do his or her best, and would like to serve on a jury, or someone who possesses strong “functional abilities” but doesn’t give a shit. Mr. Greenfield seems to prefer the latter.
*UPDATE
Mr. Greenfield has taken issue with my post. Apparently I am clouded by my love for my child that I am too emotionally involved to have a competent discussion on the issue of mental fitness and jury duty. A “sacred cow” as he calls it.
He also takes issue with my use of “retard,” intended in its most pejorative sense. For that, I will apologize to anyone directly who doesn’t understand why I used the term in the context of Mr. Greenfield’s post. There is talking, then there is yelling. Sometimes you must yell. As for losing credibility in the matter, that is entirely up to you to decide. As for insulting Mr. Greenfield with an implied attribution, I apologize for that as well.
As for the primary issue, Mr. Greenfield’s conclusion seems clear: jury service is not in an Autistic’s wheelhouse. It’s a remarkable statement in its breadth, and one that seems designed more to incite than to discuss. If the former was Mr. Greenfield’s intention, then he got what he wanted. If not, then I fail to see how the conclusion lends itself to debate. There is no discussion on diagnostic criteria or even anecdotal evidence (perhaps based on Mr. Greenfield’s decades of service to the mentally challenged) to suggest why individuals on the spectrum are incapable of serving, other than the comments of anonymous blogger. And despite his best efforts to keeping it focused on autistics, he ventures into the realm of other disabilities, whether mental, physical, or societal. My takeaway is that jury service isn’t in their wheelhouse either.
In the end, I disagreed with Mr. Greenfield’s assessment, and I wrote a post that was as caustic as the underlying sentiment in his post.
You must log in to post a comment.