Eyewitness testimony by adults with autism spectrum disorder

Lead Research Organisation: Royal Holloway University of London
Department Name: Psychology

Abstract

Eyewitness testimony is central to the Criminal Justice System (CJS), and this often includes the testimony of individuals with Autism Spectrum Disorder (ASD). A number of risk factors suggest that people with ASD are at greater danger of victimisation, meaning that their 1% prevalence in the general population is likely to be over-inflated in the CJS. In addition to this, they have well-documented memory difficulties, yet scarcely any research has examined how they fare as eyewitnesses. My PhD research explored this issue. I examined the effectiveness of one of the most widely accepted police interviewing techniques, the Cognitive Interview (CI), for use with adults with ASD. One of the main components of the CI, context reinstatement, encourages the witness to relive the event mentally by focusing on contextual details such as the sights, sounds, smells etc. I found that the CI failed to aid the recall of witnesses with ASD, and actually reduced their accuracy. My subsequent work suggests that it is the mental time travel required by context reinstatement that individuals with ASD find difficult: when they were physically back in the same room in which the event was witnessed, their recall improved. These findings have important implications for investigative interviewing procedures with witnesses with ASD.
In the fellowship year I intend to re-examine these findings from a different perspective. The coding system used in my PhD work coded details as correct or incorrect, but did not explicitly examine whether these details were reported in the correct order. This is essential if police investigators are to understand the chain of events as they unfolded, and could mean the difference between whether the chief suspect left the scene before or after the attack was carried out. Therefore the first aim of the proposed work is to examine how well individuals with ASD recall the chronological order of events details; previous research suggests that they have difficulty with this. However if this is the case, there may be appropriate supportive interview strategies which can help - an area which subsequent research proposals developed during the fellowship would address. Secondly, in my PhD work, none of the to-be-remembered events were ones in which the witness was an active participant. Previous work suggests that individuals with ASD find it harder to recall events in which they were actively engaged then events which they passively observed. Again if this is the case it has immediate forensic implications, and would provide a focus for more substantial funding applications to develop appropriate supportive interviewing strategies.
This work will constitute two papers. During this fellowship year I intend to publish a third paper reviewing research on eyewitness testimony in ASD. This is very novel work and a review paper would disseminate findings further and generate new interest. The fellowship year would also enable me to develop both new research skills and proposals which would establish a more substantial program of work in the area, including the development of effective interview strategies, which in the case of context reinstatement might involve more supported procedures such as revisiting the scene where the event was witnessed or using photographs as a context aid. I would also like to extend my current work to the wider autism spectrum from high-functioning adults to children and those with intellectual impairment.
This work should be of interest to a wide audience, from individuals with ASD themselves, the police and other legal officials, policy makers, and academics. Findings may also have implications for the educational sector in terms of effective learning strategies in school. The fellowship will allow me the opportunity I need to improve my publication track record and apply for longer-term funding which I hope will allow me to develop an academic career in this important but under-researched area.

Publications

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Lambrechts A (2014) Impact of the Temporal Dynamics of Speech and Gesture on Communication in Autism Spectrum Disorder in Procedia - Social and Behavioral Sciences

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Maras K (2014) Mental imagery scanning in autism spectrum disorder in Research in Autism Spectrum Disorders

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Maras KL (2017) Brief Report: Autism in the Courtroom: Experiences of Legal Professionals and the Autism Community. in Journal of autism and developmental disorders

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Maras KL (2014) Eyewitness testimony in autism spectrum disorder: a review. in Journal of autism and developmental disorders

 
Description Academic papers • "Recall of a live and personally experienced eyewitness event by adults with autism spectrum disorder": The first study from the project has been published in Journal of Autism and Developmental Disorders (Maras, Memon, Lambrechts & Bowler, 2013). • "Eyewitness Testimony in Autism Spectrum Disorder: A Review": The review paper was accepted in the Journal of Autism and Developmental Disorders (Maras & Bowler, 2014). • "Evaluating the effectiveness of the Self-Administered Interview for Witnesses with Autism Spectrum Disorder": This study is now published in Applied Cognitive Psychology (Maras, Mulcahy, Memon, Picariello & Bowler, 2014). • The study examining the credibility of witnesses with ASD is currently in being extended to include further data on stereotypes and will be submitted for publication early 2015. Academic conference presentations Findings from this project were presented at four international conferences: "Recall of a live and personally experienced eyewitness event by adults with autism spectrum disorder" was presented at the: American Psychology-Law Society Annual conference (Portland, Oregon, March 2013), International Meeting for Autism Research (San Sebastian, Spain, May 2013) and the Society for Applied Research in Memory and Cognition (Rotterdam, The Netherlands, June 2013). "Evaluating the effectiveness of the Self-Administered Interview for Witnesses with Autism Spectrum Disorder" was presented at the International Investigative Interviewing Research Group conference (Maastricht, July 2013). All were oral presentations. Non-academic impact • "Memory and vulnerable witnesses workshop - Serious Organised Crime Agency": During the Fellowship I was invited by SOCA (now National Crime Agency) to deliver this workshop session for Criminal Justice System (CJS) professionals. • I was also asked to contribute to the Advocates Gateway Toolkit 3: Autism (http://www.theadvocatesgateway.org/images/toolkits/3AUTISM211013.pdf), providing advocates with information about the difficulties people with ASD might have within the CJS. The review paper written as part of the fellowship activities (Maras & Bowler, 2014) is one of the main bibliographic sources for advocates to refer to. • "Autism and the Criminal Justice System": I organised this one-day conference at City University London, on 12 June 2012, with eight guest speakers, from intermediaries, clinicians, academics and a barrister (see http://bit.ly/asd-criminal-justice). It was attended by over 120 attendees from a range of backgrounds including academics, policy makers, the police, lawyers and clinicians. I also organised a similar conference in Manchester in September 2013 as part of a BPS grant (see below). • "Autism and the Criminal Justice System network": During the Fellowship an application was made for a British Psychological Society Public Engagement Grant for this network to facilitate communication between academics, clinicians, intermediaries, police, lawyers, the judiciary, policy makers and individuals with ASD. £16,160 awarded to run the network. The two-year project is currently half way through, and has already run a one-day conference and policy maker workshop, where policy changes and revisions of existing interviewing guidelines were discussed. An ASD and CJS project website including the most recent findings disseminated in scientific and lay terms is currently being populated (http://www.autismandcjs.org.uk/) and has already had over 4,500 hits. In sum, findings have been disseminated and used by a range of academic and non-academic professionals, including the police and registered intermediaries.
 
Description Autism and the Criminal Justice System network
Geographic Reach National 
Policy Influence Type Influenced training of practitioners or researchers
Impact Two national policy maker workshops were held, during which delegates worked together to identify the challenges posed by autism within the CJS and identify workable solutions. In the first workshop, psychologists, CJS national level portfolio leads, representatives of Government departments and leading charities, by working together, identified challenges including vulnerability, recognition of autism, a lack of theoretically-informed training, pathway challenges (e.g., time constraints) and limited cross-pollination and inter-organisational collaboration. Potential solutions that were identified lay in improving autism awareness, improved screening processes (possibly CJS specific), development of role-specific CJS training, adaptations to criminal proceedings (e.g., based on the individual needs of the witness/defendant) and inter-organisational and inter-profession collaborations. At the second workshop leading academics, CJS professionals, representatives of Government departments, representative from the Advisory Group to the All Party Parliamentary Group for Autism, charity and policy leads discussed existing research evidence that could assist future development of best practice and identified where research gaps currently lay. This focused on different aspects of policing and criminal proceedings, including vulnerability/recognition, interviewing, cross-examination, court constitution and revolving door (e.g., reducing risk of re-offending). Resulting impacts from these activities were included: 1. The Government formally acknowledges the contribution of the project in its 2014 Strategy on Autism for Adults in England (an update on its earlier 2010 strategy) that it publishes as a mandatory requirement of the Autism Act 2009. 2. The contribution of project members is acknowledged in the Advocate's Gateway 'Autism Toolkit', an on-line resource for lawyers and judges involved in criminal proceedings, that is published by the Advocacy Training Council for England and Wales. Dr Maras (alongside her collaborator Dr Crane) was invited to produce a new toolkit for the Advocate's Gateway, on memory and sensory issues in autism (expected end 2014). 3. As a result of the Law Society's participation its representative, a defence solicitor specialising in autism, has joined the team of a parallel initiative, involving a project team member (Sue Mulcahy), a collaborator (policing) and a participant defence solicitor, in the development of a formal proposal for a discrete legislative code of practice for the treatment of suspects with autism.
 
Description Co-author of latest guidelines on autism for police and other legal professionals, produced by the National Autistic Society
Geographic Reach National 
Policy Influence Type Influenced training of practitioners or researchers
Impact This guidance document enables police and other CJS professioanls to work more appropriately with autistic individuals. This has a range of potential impacts, from reducing the incidents where things go wrong (e.g., ZH: https://mentalhealthcop.wordpress.com/2013/02/15/zh-v-commissioner-of-police-for-the-metropolis), obtaining better and more reliable evidence, improving rates of accurate convictions and reducing false convictions, and generally improving the experiences of autistic individuals when they come into contact with the police. Impacts: Police, CJS professionals, people with autism.
URL http://www.autism.org.uk/~/media/nas/documents/publications/autism-police-guide-the-national-autisti...
 
Description Co-chaired the development of two new toolkits on autism for The Advocacy Training Counci
Geographic Reach National 
Policy Influence Type Influenced training of practitioners or researchers
Impact Co-chaired the development of new toolkits on autism for The Advocacy Training Council (http://www.theadvocatesgateway.org/toolkits): 1. Planning to question someone with an autism spectrum disorder including Asperger syndrome 2. Witnesses and defendants with autism: memory and sensory issues These toolkits influence the way the advocates and other legal professionals work with and question autistic individuals. Consequently, better and more reliable evidence is obtained, improving rates of accurate convictions and reducing false convictions. It also improves the experiences of autistic individuals and their treatment in the CJS.
URL http://www.theadvocatesgateway.org/toolkits
 
Description Consultant for cross-government working group on the update to the Adult Autism Strategy
Geographic Reach National 
Policy Influence Type Participation in a guidance/advisory committee
Impact Cross party working group for Refresh of the Adult Autism Strategy. Working with the Department of Health and the Ministry of Justice to advise on the Criminal Justice System aspect of the refresh, review and statutory guidance in relation to the 2010 Adult Autism Strategy.
 
Description Toolkit for the Advocate's Gatetway: WITNESSES AND DEFENDANTS WITH AUTISM: MEMORY AND SENSORY ISSUES (Maras, K. & Crane, L.)
Geographic Reach National 
Policy Influence Type Influenced training of practitioners or researchers
Impact The toolkit provided guidelines for advocates on memory and sensory issues in autism, with implications for how they should be questioned in legal proceedings. Improving how witnesses, victims and defendants with autism are questioned in legal proceedings improves the quality of evidence they provide, increasing access to justice (i.e., reducing wrongful convictions while increasing prosecutions where appropriate).
URL http://www.theadvocatesgateway.org/images/toolkits/15witnessesanddefendantswithautismmemoryandsensor...
 
Description Autism and the Criminal Justice System network
Amount £16,160 (GBP)
Organisation British Psychological Society (BPS) 
Sector Charity/Non Profit
Country United Kingdom
Start 09/2012 
End 12/2014
 
Description ESRC Future Research Leaders
Amount £279,555 (GBP)
Funding ID ES/N001095/1 
Organisation Economic and Social Research Council 
Sector Public
Country United Kingdom
Start 04/2016 
End 10/2018
 
Description Memory and vulnerable witnesses workshop - Serious Organised Crime Agency 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact Lecture/training session provided to the Serious Organised Crime Agency's Professional Training and Development Seminar. The session disseminated research findings including those resulting from the current grant, and was attended by legal practitioners, the police and intermediaries who work with people with autism in Criminal Justice settings. The session sparked questions and discussion afterwards.

Providing Criminal Justice System professionals with a better understanding of autism and the challenges faced when someone with autism comes into contact with the Criminal Justice System. Not only does this knowledge enhance the ways in which such professionals deal with individuals with autism, it also improves the experiences that individuals with autism have in the Criminal Justice System, and potentially increases their access to justice.
Year(s) Of Engagement Activity 2012
 
Description Radio interview for BBC Bristol about research 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Media (as a channel to the public)
Results and Impact Interviewed by BBC Radio Bristol regarding research indicating a need for more police training about autism.
Year(s) Of Engagement Activity 2016
 
Description Write up about research featured in The Guardian 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Media (as a channel to the public)
Results and Impact Police 'need training' to improve treatment of people with autism: write up of research featured in The Guardian
Year(s) Of Engagement Activity 2016
URL http://www.theguardian.com/society/2016/feb/20/autism-police-need-better-training