Can an ASD diagnosis get me out of jury service

[almondswirl19]

I have ASD, I've never been called for Jury service so far however like with everyone there is a possibility that I will one day. I don't want this to come across wrong in any way but could my ASD diagnosis be a way for me not be forced to do it. The reason why is I just wouldn't want to do it so I just wonder whether I could get out of doing it.

MaskingForIt

Please try to get out of it, OP. If I was up in court I would hate for someone with ASD to be on there jury. It just wouldn’t be fair.“

Why?

I have successfully served on a jury, just like I successfully hold a job, parent, and function independently as an adult. Yes, serving on a jury was an absolutely exhausting experience. I expect that is true for many people, not just those with ASD. I was still capable of doing a good job as a juror so I fulfilled my responsibility, even if it meant I crashed once I got home in the evening. That is just life with ASD.

ASD manifests differently for each person. For some people it means they would be incapable of serving on a jury, but it’s not an automatic reason for exclusion.

@MrsSkylerWhite

MaskingForIt

Please try to get out of it, OP. If I was up in court I would hate for someone with ASD to be on there jury. It just wouldn’t be fair.“

Why?

For all the reasons everyone with ASD on this thread has given. It’s not rocket science why someone with severe social and communication difficulties shouldn’t be on a jury.

@MaskingForIt you are bing extremely offensive suggesting it would not be fair to have someone like me in a jury.

I would be extremely capable on a jury but would not cope with the uncertainty beforehand, siting close to so many people and the noise. I would also struggle to have to be in the jury with someone like you as you clearly have ingrained prejudice which would not allow you to be objective.

You are clearly extremely ignorant about and prejudiced against autistic adults.

For all the reasons everyone with ASD on this thread has given. It’s not rocket science why someone with severe social and communication difficulties shouldn’t be on a jury.

No need to be rude?

You could explain rather then just being offensive and ableist, but I don't think you are here to.

Oh you have been deleted for that anyway. Good.

I don't have severe communication issues. I think the fact I keep emotion out of a lot of decisions and am very good at thinking logically would make me perfect for a jury. I certainly didn't have any problems when I served - I was there to listen to evidence, consider it and make an unbiased decision, which is something with which my autism personally helps. I wasn't there to socialise and make friends, which would have been a problem.

It’s really just conjecture to say that op can’t do it because of severe difficulties though. Unless she comes back and confirms that it would affect her badly, then all we have to go on is what she’s actually said, which is that she ‘just doesn’t want to.’

So yes, probably asd would get her out of it but it sounds like she would be capable of doing it and that’s the issue really. The question shouldn’t be ‘can someone with autism do jury duty’ but ‘op, are you unable to do it or unwilling?’ It’s not something that can be generalised and I don’t think it’s helpful to say of course your asd is an excuse not to do it op.

@maskingforit

I have worked as an expert witness in court cases and regulatory hearings. I have ASD. You have no idea what you are talking about.

I am capable of doing it but it would be extremely difficult and damaging for me. I guess you'd say I was unwilling rather than unable? Autistic people are capable of many things but it doesn't mean they should be compelled to do them no matter the cost. Careful what you are suggesting when you imply it is a moral duty to do this.

@TheNarwhalBalloon

I am capable of doing it but it would be extremely difficult and damaging for me. I guess you'd say I was unwilling rather than unable? Autistic people are capable of many things but it doesn't mean they should be compelled to do them no matter the cost. Careful what you are suggesting when you imply it is a moral duty to do this.

Well, no. If you’ve read my post through you’ll see I have said ‘unless it will affect her badly.’ If you would find it difficult and damaging that’s a different situation and really has no bearing on whether or not op would be able to cope. I’m going just on what she herself has told her about her capabilities, which I actually think is being careful about what I’m suggesting.

If op comes back at any point and says actually her autism would affect her ability to be a juror then of course that’s different. At the moment all we have to go off is her own post, which implies she just doesn’t want to and would like to use her asd to get out of it, not that her asd would preclude her from being able to do it.

My neighbour (ex police) got called up for jury service and categorically cba so told them she was unsuitable because she has insomnia, a bad back and 4 dogs, and anyway she’ll be saying Guilty regardless of what is said during the trial. They told her not to come.

I think it’s a civic duty, rather then a moral one if the person is physically and mentally able to serve.

But, if a large proportion of the population no longer wants to serve on juries, fair enough, trial by jury for indictable offenses can be abolished and be replaced with bench trials, i.e. a panel of judges.

That would mean that a small group of people would judge the most serious crimes, without input from the general public. I’m not sure that would be a good thing. 🤷🏽‍♀️

I got called about 20 years ago and couldn't do it as I was starting a new job that week. As it happened the letter was sent to my mams house and she just returned it with "not at this address" and there was no issue. Just letting you know in case you are looking for a different way out without mentioning ASD.

I have anxiety and depression and am on the waiting list for an ASD/ADHD diagnosis appointment. I am literally shaking and crying just reading this thread as I so badly don’t want to do jury duty!!

Apart from the facts that I don’t drive so it would be difficult to get there, I would find it hard to concentrate and “switch off” if I wasn’t sufficiently interested in the trial due to ADHD, would overthink everything, would be traumatised afterwards etc etc one of my biggest anxiety triggers is having to change plans. The fact that Jury service means I might have to change plans and possibly cancel something I’d looked forward to, only to potentially find out I’m not needed after all just sends me over the edge!! This is the reality of ASD when it comes to routines and many NT people really don’t understand this very real fear.

OP I would try not to worry about it at the moment but if you do get the letter then get a note from your doctor about why your ASD makes it difficult. (IMHO just not wanting to is a perfectly valid reason as people who really don’t want to be there aren’t going to judge as fairly.)

Also I have heard that jury call up letters aren’t actually sent recorded delivery or anything so they can’t actually tell if you received it or not. Therefore just ignore one if you get it and, despite all the legal threats for ‘failing to turn up’ they won’t be able to actually do anything as they will have no proof you received it!! (However please don’t take this as gospel, it’s something I have heard, not something I know for a fact. Maybe someone else could let me know if I am correct or not?)

@Nosquit, don’t panic, you don’t have to do it. Even if you don’t get a dx, ring and tell them it would distress you too much, they’ll be fine.

@Cameleongirl, I think using the slippery slope logical fallacy is a bit much. There are plenty of people who get quite excited at the thought of jury duty.

@Gilead. I know, I wasn’t seriously suggesting that trial by jury will be abolished completely!
I was just surprised at some of the responses. Yes, it’s a hassle, but I view it as a privilege, like being able to vote. I’d rather have the right to do it than not, IYSWIM.

Of course, some people can’t serve on a jury for medical reasons and sometimes you might need to ask for a deferment. I’m just surprised that it’s not valued more.

Just read this and quite disgusted by the number of very ill -informed comments on here.

Autism is a very valid reason for exemption from jury service. Autism affects people in a myriad of ways and is predominantly affects communication/ understanding of communication as well as often heightened anxiety.

All you have to do is let them know via the health issues section that you are autistic. You will be exempted from jury service as it will be deemed too stressful for you.

But shouldn’t juries reflect the society they serve? There are a lot of people with autism now; shouldn’t they be represented on jury panels?

I mean, that was my point above.
This is a bit of a zombie thread though.

The thing is, when you have a disability, you are protected by law. Thank god.

This isn't about making a jury reflect society, it's about the individual who has been called up. I realise this is a zombie thread but it's important enough all the same to point out that autistic people should not be put through situations that would be difficult, traumatic and challenging for them simply to 'represent society'.

*that COULD be

Yes, quite right! ASD, however "mild" or "high functioning," checks "all the boxes," so to speak, for being unable to serve: Let's see: the unpredictability of jury duty (possibly months on a case), especially if it involves sequestration; difficulties interpreting non-verbal cues seriously impacts the ability to assess witness truthfulness/reliability of testimony; hostile or intense deliberations with 11 strangers on a difficult case could lead to a shutdown, or potentially more dangerous,a meltdown; generally, the unremitting pressure to interact with others, especially those you barely know; and finally, for those with sensory sensitivities, the noise and chaos of many court houses is just overwhelming enough to lead to shutdown or meltdown! Just make sure you review your jurisdictions requirements (if at all possible), and at all events, be sure to have your documentation at hand, including diagnosis and (if required) doctor's note, ready, just in case you're not automatically excused by some fascist of a judge or clerk of court when you first tell them of your condition. It may help to outline some or all of the above issues, as well, either verbally or in a formal letter, which is required in many juridictions. Also, check with your treating physician/therapist as well, as he/she often understands the system and could even craft a letter effectively guaranteeing you a lifetime exemption. Good luck to all facing this dilemma and understand both the demands of jury service and their own limitations! If you want to serve, of course, go for it, but just make really sure you understand what you may be in for if you do serve.