Neurodiversity, the criminal justice system, and mutual aid theory

Jordan, Mel, Day, Anne-Marie, Forrester, Andrew ORCID: https://orcid.org/0000-0003-2510-1249, McCarthy, Jane, Tangen, James, Joyes, Emma and Chaplin, Eddie 2026. Neurodiversity, the criminal justice system, and mutual aid theory. Smith, T., Dehaghani, R., Gavin, B., Quigley, E. and Smith, E., eds. Neurodivergence and the Criminal Justice System, Routledge, pp. 205-228. (10.4324/9781003638742-11)

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Abstract

The context for this chapter is our criminal justice system and its police, court, prison, and probation services. The concern is that people who are neurodiverse and justice-involved face disadvantages due to a system designed for neurotypical people. This raises issues with fair access to justice, harmful experiences, and appropriate responses from these services. Neurodiversity refers to the different ways in which our brains interpret information, and that there are social expectations built-in to this variety of brain functioning. Neurodiversity scholarship is legitimately bringing into question major underpinnings of our criminal justice system, for example criminal intent and questions of capacity. There are neurodivergence-related needs and vulnerabilities that are not wholly acknowledged, understood, or supported. Our services can cause harm, negatively label, and facilitate neglect. Even where decision-making across our criminal justice system does take account of neurodiversity, decisions can be negatively affected by stigmatising misunderstandings. The contribution of this chapter lies in embracing intentionally collective, cooperative, and inclusive responses for neurodiverse people within the criminal justice system. Fortuitously this also represents a move away from an individualised, impairment, and deficit model. The theory used as tool to enact this discussion is mutual aid theory. Mutual aid theory comes from practical anarchism, and we use this theory to bring into being our suggestions for improved neurodiversity work across our justice services. The works of Colin Ward and Peter Kropotkin from anarchist studies are central. Mutual aid theory reveals our societal inescapable interdependencies, connections, and interactions. This mutual aid tendency of the public is inherently interwoven into humankind, due to our collective need for mutual support. Indeed the concept of a solo social actor loses meaning. In this chapter mutual aid theory facilitates us to enliven and encourage intentional compassion, reciprocal association, exploitation prevention, and system accountability. From our theoretical framework mutuality is a key concept we use, and this espouses active aversion to inequality, which is fitting for this chapter. Our rigourous bringing together of mutual aid theory, justice service responses, and neurodiversity is a novel endeavour. The practical anarchism utilised in this chapter highlights how dynamic and collective action can address vulnerabilities experienced by a subjugated group of people within a given system.

Item Type:	Book Section
Date Type:	Publication
Status:	Published
Schools:	Schools > Medicine
Publisher:	Routledge
ISBN:	9781003638742
Last Modified:	29 Jun 2026 14:15
URI:	https://orca.cardiff.ac.uk/id/eprint/187800

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