Trial Strategies for Counsels and Attendants Representing Juveniles with Autism Spectrum Disorder

Abstract

This article discusses effective trial strategies for attorneys who represent juveniles with autism spectrum disorder. The author reports a case where the trial court (with the participation of “saiban-ins” or lay judges) transferred the matter of a juvenile with autism to the family court pursuant to Article 55 of the Juvenile Act. For such cases, three important points are noted, of which the attorney should inform judges and saiban-ins. The first is “What”: This indicates what type of disorder the juvenile has. Questioning the juvenile and their family members at the early stage of the trial is an effective strategy. The second point is “How”: Explaining how their disorder has affected the case. It is important to utilize the testimony of an expert such as a psychiatrist, as well as to submit their social records. The third point is “Why”: Rationalizing why the district court should transfer the case to the family court because of the juvenile’s disorder. The attorney should present a convincing argument, with a full understanding of how trial courts make sentencing decisions. Above all, the most important aim is to prevent the family court from referring a case to a public prosecutor, which would result in the juvenile being tried as a defendant in a criminal court. The attorney, as an attendant of the juvenile, is required to promptly establish a proper advocacy strategy by consulting experts and to provide an effective representation.