Autism Spectrum Disorder: Why it Matters to Culpability and to Mitigation (2025)
Autism Spectrum Disorder (ASD) is often called the “hidden disability,” and misunderstanding it can lead to devastating outcomes in court. This two-part program gives you both sides of the defense: Doug Passon, an experienced trial lawyer and mitigation specialist, shows you how to present and protect your client in court, while Dr. Laurie Sperry, a leading autism expert witness, explains the science and clinical realities that back up your advocacy. Together, they give defense lawyers a complete strategy for identifying autism, contextualizing behavior, and persuasively communicating those issues at every phase of the case.
Then Dr. Jill Fodstad, a licensed psychologist and researcher, provides a clear overview of autism’s neurobiology, diagnostic features, prevalence, and the myths that surround it. You’ll learn how brain development differences drive challenges in communication, behavior, and social reciprocity — and why these clinical realities matter when your client is facing charges.
Presentations Included:
- Autism Spectrum Disorder: Why it Matters to Culpability and to Mitigation | Doug Passon and Dr. Laurie Allyn Sperry
- Autism Spectrum Disorder: Clinical Foundations Every Defense Lawyer Should Know | Dr. Jill Fodstad
This program walks you step by step through the trial process:
In client interviews and case prep, you’ll learn how to recognize signs of undiagnosed ASD, ask the right questions (IEPs, 504 plans, specialized education histories), and build rapport with clients who may be rigid thinkers, socially awkward, or masking symptoms. In voir dire, Passon shows you how to educate jurors about the realities of autism so they don’t misinterpret flat affect or unusual mannerisms as guilt, indifference, or lack of remorse.
In cross-examination of law enforcement, you’ll see how to challenge interrogation tactics that exploit scripting, masking, or suggestibility in autistic individuals. The program explains how to reframe unusual statements or behaviors in the record as products of ASD, not consciousness of guilt. At the trial and guilt/innocence phase, you’ll learn to contextualize conduct in light of executive functioning deficits — showing why poor impulse control or rigid thinking led to a situation, rather than deliberate criminal intent.
At the sentencing stage, Passon and Sperry show how to work with experts to create compelling mitigation narratives. You’ll learn which psychological tests matter (e.g., BRIEF-2A for executive functioning, camouflaging assessments) and how to present them effectively. The program also addresses prison vulnerabilities, giving you arguments to push for alternatives to incarceration when possible.
The Benefit of Law + Science Together:
This program offers a unique back-and-forth analysis between lawyer and experts: Passon provides courtroom-tested strategies, and Dr. Sperry explains the science that makes those arguments credible. Dr. Fodstad gives you the clinical foundations you need to be an effective advocate. This dual approach shows you not just what to argue, but how to prove it with qualified expert testimony.
For defense lawyers handling clients on the spectrum, this training offers more than awareness — it delivers concrete trial skills.
Prices
- List Price $59.00
- Member Price $49.00