Expert evidence by mental health professionals: The communication challenge posed by evidence about Autism Spectrum Disorder, brain injuries, and Huntingtonʹs Disease

By drawing upon mental health assessment issues about three non-mainstream conditions – Autism Spectrum Disorder, brain injuries, including Foetal Alcohol Syndrome, and Huntingtonʹs Disease – the author argues for the need for subtle, empathic and informed expert evidence about the potential nexus between such conditions and accused personsʹ criminal responsibility and culpability. He contends that what is forensically required is enhancement of the capacity of triers of fact to appreciate informedly and authentically, sometimes in a nuanced way, how persons with different, damaged or deteriorating brains experience situations and othersʹ behaviour so that accused personsʹ conduct can fairly be evaluated without imposition of assumptions or expectations in respect of “normal persons” that may not be apposite.