Legal Defense of Autistic Defendants in the United States: A Qualitative Analysis of the Experiences of Legal Professionals

ABSTRACT Autistic individuals encounter distinct barriers within the criminal‐legal system, such as misinterpretations of their behaviors, a lack of accommodations, and systemic biases. Despite growing understanding of these challenges, research on how defense attorneys understand and advocate for autistic clients remains limited. This study explores how defense attorneys in the United States conceptualize autism and apply neurodiversity‐informed strategies in their advocacy. Semi‐structured interviews with 31 defense attorneys revealed that while most attorneys view autism through a medicalized lens, they acknowledge the need for better strategies to secure accommodations in court. Findings suggest that attorneys often rely on expert testimony and recognize the courtroom as primarily designed for neurotypical individuals. Gaps in training and understanding about neurodiversity may hinder effective defense strategies and limit access to justice for autistic defendants. This research highlights the urgent need for enhanced legal training and systemic reform to improve representation and legal experiences for autistic individuals.