‘Our normal is different’: autistic adults’ experiences of the family courts

ABSTRACT

This article reports the findings of a small-scale qualitative study exploring the experiences of autistic adults who have had experience of the family justice system. While participants related some positive elements to their experiences, in particular with regard to the willingness of professionals to try to learn more about their clients’ needs, the overall picture showed significant concerns. The reports given showed significant misunderstandings about autism, and a system which struggled to make appropriate adjustments which would allow autistic court users to have access to justice on an equivalent basis to non-autistic litigants. This situation stands in contrast to the position regarding other disabilities in the Family Justice System, but also to the relatively greater level of provision for autistic people within the Criminal Justice System. Based on participants’ experiences and existing good practice in other areas, we make recommendations that could be adopted by the Family Court and practitioners.     

A higher bar: Institutional impediments to hate crime prosecution

Why are hate crime cases so rarely prosecuted? Most states and the federal government have hate crime laws on their books, yet available data indicate few prosecutions in most jurisdictions. Drawing on case files and interviews with police and prosecutors in one jurisdiction, three institutional impediments to hate crime prosecution are identified: evidentiary inflation, by which law enforcement uses a higher burden of proof than what is required by statute; loose coupling between police departments and prosecutors' offices; and cultural distance between law enforcement and victims. Findings also reveal that advocacy groups and media can successfully increase the visibility of cases and draw the attention of prosecutors. The findings align with aspects of legal endogeneity theory and enhance our understanding of the role of organizations in constructing the meaning of law. The results also help explain why some laws are rarely enforced, even when they have support from key personnel in an organization.     

System management and compensatory parenting: Educational involvement after maternal incarceration

Research has demonstrated that paternal incarceration is associated with lower levels of educational involvement among fathers and primary caregivers, but little is known regarding caregiver educational involvement when mothers have been incarcerated. In this study, we present the first analysis of variation in school- and home-based educational involvement by maternal incarceration history, pairing survey and interview data to connect macro-level group differences with micro-level narratives of mothers’ involvement in their children's education. Our survey data demonstrate that children of ever-incarcerated mothers experience increased school-based educational involvement by their primary caregivers, regardless of whether the caregiver is the mother herself. Our interview data point to compensatory parenting as a key motivating factor in educational involvement, wherein a caregiver endeavors to “make up for” the child's history of maternal incarceration. Findings add to the literature demonstrating maternal incarceration as a distinct experience from both paternal incarceration and material disadvantage alone, and they suggest the need to explore the role of schools as potential points of productive institutional involvement for mothers with an incarceration history.     

Gauging the Effects of Social Accountability on Services,Governance, and Citizen Empowerment

Engaging citizens in holding public officials and service providers accountable, referred to as social accountability, is a popular remedy for public sector performance weaknesses, figuring prominently in many international donor‐funded projects and leading to widespread replication. However, the contextual factors that influence the successful transfer of social accountability are debated. Demand‐side factors (civil society and citizens) are overemphasized in much of the literature. Yet supply‐side factors (state structures and processes) and the nature of state–society relations are also important. This article examines four projects in developing countries to explore how these contextual factors influenced social accountability aims and outcomes. The salience of supply factors in enabling social accountability for service delivery and government performance stands out, particularly the degree of decentralization and the availability of space for citizen engagement. The capacity and motivation of citizens to occupy the available space, aggregate and voice their concerns, and participate with state actors in assessing service delivery performance and problems are critical.     

The Theory and Practice of “Nudging”: Changing Health Behaviors

Many of the most significant challenges in health care—such as smoking, overeating, and poor adherence to evidence‐based guidelines—will only be resolved if we can influence behavior. The traditional policy tools used when thinking about influencing behavior include legislation, regulation, and information provision. Recently, policy analysts have shown interest in policies that “nudge” people in particular directions, drawing on advances in understanding that behavior is strongly influenced in largely automatic ways by the context within which it is placed. This article considers the theoretical basis for why nudges might work and reviews the evidence in health behavior change. The evidence is structured according to the Mindspace framework for behavior change. The conclusion is that insights from behavioral economics offer powerful policy tools for influencing behavior in health care. This article provides public administration practitioners with an accessible summary of this literature, putting these insights into practical use.     

Crisis or Zemblanity? Viewing the ‘Migration Crisis’ through a Greek Lens

This intervention traces how Europe is being (re-)produced through ‘crises’ on three scales. Firstly, at the level of national territory, looking at the crisis-ridden Greek state. Secondly, through everyday border practices on the island of Lesbos and, finally, in the Mediterranean that acts as Europe’s primary locus for its aggregate (and often experimental) bordering practices.     

Truth,justice, and education: towards reconciliation in the former Yugoslavia

Key to the success of peacebuilding and social reconstruction in the former Yugoslavia are the attitudes of these young people. Our goal in this paper is to explore young people’s attitudes about the prospects of reconciliation vis-a-vis those with whom their nations were formerly at war. In particular, we examine three sets of factors. First, we contend that the level of contact among people engendered by the segregated educational systems affects the attitudes of the young about the possibility of reconciliation. We suggest that those who are able to interact more frequently with fellow students from other ethnic groups will be more likely to believe in the possibility of reconciliation. Second, we contend that attitudes of young people about which ethnic groups were responsible for the violence in the former Yugoslavia and the efforts of the international community to bring truth and justice will strongly influence attitudes. Finally, we examine other factors such as education and the influence of gender on reconciliation.