Wednesday, November 6, 2013

trial by face.

Letter writers published in the Times yesterday and the Metro today are so important to protecting justice. Saying: a jury is supposed to decide guilt or innocence from evidence, to do it by looking at faces is like relying on witchcraft and is no guide at all to a court case's facts.

More than they may realise, there was a particular minority group put in danger by Kenneth Clarke's outburst about seeing body language in court, us. What can't aspies and all levels of autistics do? Communicate effectively and give normal social signals. That includes engaging visually, includes facial expression. Our instinct is remain stony faced and avoid eye contact because we don't have culturally learned ways to do anything else. We can neither see body language nor show it.

For courts to allow juries to look at body language in judging evidence of crime, as Kenneth Clarke describes, is to load the system unjustly against a section of society. No lawyer is responsible who still invites this to happen. He has spoken without any sign of minority awareness. Autistic people can not do body language, or eye contact. If we are judged on body language or face, we risk appearing guilty by reason of an inbuilt personal disadvantage.

Maurice Frank.

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