A very common question on online forums with US autistic people is whether or not an autistic person can or should be excused from jury duty. In other words, are we good jurors?
I’ve served once, although I have been called twice (the other time, the defendant failed to show up, so we were all dismissed). The one I served on was for a relatively short criminal trial (one day), with about 6 hours of deliberations (we couldn’t agree for quite a while). It was a tough job, but one that I felt as prepared and able to do as I imagine others on the jury felt - that is, realizing it is very serious work and we are fallible humans, but realizing equally that everyone else is too.
One of the common concerns autistic people have is that we are bad at reading facial expression. This isn’t necessarily true, and one finds quickly if one studies societies that different cultures express emotion and even “lying” differently. The difference between many of us and many neurotypicals in this is simple, though: we expect people to be different than us. If anything, that might help, not hinder, when one of the main players in the trial is a different race, is from a different economic strata, is an immigrant, or otherwise has a very different culture than ourself.
My experience (albeit quite limited) was that my job was not just to see “Is someone lying”, but more importantly, “Is there sufficient evidence to convict?” The case I was on was not cut and dry - it involved a man charged with drunk driving, but without any clear “black and white” evidence (he declined to take a breathalyzer or other sort of BAC test, so we didn’t have a “number” to tell us if he was drunk). Instead, we had an officer and defendant’s recollection of roadside sobriety tests (”Touch your nose”, “Count backwards from 65, stop at 57″, etc) - which mostly agreed. So, the question became, “If he flunked these tests, was he drunk?” In the end, we decided that the fact he flunked six made it very likely he was drunk (medical reasons for failing were ruled out by the defendant himself). We did discuss the truthfulness of answers, but I never heard people saying (that doesn’t mean it wasn’t a factor, of course, just not one that was conscious) “He ‘looked’ truthful”. Instead I heard, “Hey, the cop said he didn’t stop for about 2 miles after the cop started trying to pull him over - he claims he didn’t drive that far, but his kid and girlfriend both testified that they saw the lights well before he did, and their stories match the cop’s - and they were defense witnesses!” It wasn’t body language we were discussing. What was far more important to us than whether our “gut” told us the guy was truthful was whether or not someone who had no reason to collaborate a story did, in fact, collaborate it.
Do I think we did a good job? I do. I also think being autistic gave me a view into the case that was different than other people’s views, and I saw some things others didn’t. It did work the other way, too, and I don’t think that was bad. In an ideal world (sadly we don’t yet have such a world), a criminal justice jury would have a wide enough diversity that very few biases would be shared by everyone on the jury - after all, conviction in the US requires everyone on the jury to feel that it is right to convict, so having some people who are willing to stand behind their opinions (autistic people are famous for that!) while holding different biases than others may be the difference between convicting an innocent man or freeing him. It also means that everyone on the jury, because we all do see things differently, will need to explain reasons for their views to each other, not just say things like, “It’s clear the defense were liars. Let’s convict.”
So, I’d serve again. I’d also recommend other autistic people do. One question that each autistic person will need to answer for themselves however is, “How will I answer if I am asked, ‘is there anything else that is relevant that we should know’” during jury selection. For me, I would typically keep quiet about my autism as I don’t think it interferes with my ability to be fair (the exception being if it was a case involving an autistic criminal or victim, or some sort of service provider, in which case I may not be able to be fair, due to my background). I keep quiet about tons of other things that impact my thinking, such as my religion, my career, my economic status, my race, etc, all of which certainly affect how I see crime and criminals, perhaps even more than my autism (that said, if any of these things - including my autism - would prevent me from giving someone a fair trail, I would hope I would mention them; for instance, if someone was accused of harming someone at my workplace).
Yep, there was a question about mental illness on the pre-selection questionnaire. Since I have none, I wrote “no”. I do not believe myself to be mentally ill, I believe myself to have a different neurology.
Likewise, with elections approaching in my area of the world, people are asking, “Should I vote if I’m autistic?” Being autistic doesn’t render someone incapable of holding views on politicians, ballot initiatives, etc. Nor does it mean that we are incapable of fairly selecting candidates. Sure, I don’t know if a candidate’s facial expressions show deceit. Personally, however, I think most are likely lying (about the only thing I believe a politician about is when one says “I will raise taxes for the common man” - that part is likely true, since it doesn’t help one get elected). Instead of trying to figure out facial expression, I try to find out how that person has acted in life prior to the election and campaign - if they were an elected official previously, how did they actually vote (or did they even bother to show up to vote)? Have they been involved in any major projects? Were they fiascos? I would think that people would see this as better anyhow - heck, we tend to elect actors to office, so I would sort of expect some acting (and maybe even good acting that NTs can’t figure out).
Sure, not everyone approaches elections this way, and that may not be a bad thing - different people care about different things. For example, I know many voters who will pick the presidential candidate based on one issue they care strongly about - they too aren’t paying too much attention to facial expression, but perhaps party affiliation, abortion stance, stated views on the Iraq war, or feelings about who will increase their personal tax. All this said, someone who doesn’t pick based only on appearances is probably better than someone (my mother did this, unfortunately) who picked someone because they had a “nice smile!”
So, I encourage autistics to consider voting and serving on juries. Certainly, this is a personal decision, and we do need to follow the law (some places may specifically exclude autistic people from juries, for instance - which is law we should be trying to change). But if you feel you can fairly evaluate the evidence or select a candidate, there is no good reason for you to not participate.