Purpose The majority of individuals diagnosed with fetal alcohol spectrum disorder (FASD) will become involved with the criminal justice system during their lifetime. Due to the signs and symptoms of their illness, the psycholegal impairments presented by such alleged offenders pose unique challenges for the attorneys tasked with prosecuting their crimes. That said, little is known about the training and courtroom background of district attorneys with this population. The paper aims to discuss these issues. Design/methodology/approach A web-based survey was developed to investigate the knowledge bases and legal experiences of US District Attorneys concerning FASD, and to compare these across sexes, legal experience levels, as well as geographical regions. The survey was distributed electronically to all US District Attorneys following the Dillman Total Design Method. Surveys were completed by 216 respondents (men, n=166; women, n=50; Northeast, n=32; South, n=102; Midwest, n=36; West, n=46) with an average of 25.03 years (SD=10.71) of legal experience. Findings Participants displayed variable levels of knowledge concerning the signs and symptoms of FASD and underestimated how often persons with FASD become involved in the criminal justice system. The majority of participants had never received training on the psycholegal impairments of individuals diagnosed with FASD and reported that they would benefit from a Continuing Legal Education course on the subject. Participants also reported that they would benefit from seeing the findings of an FASD screening tool in daily practice. Originality/value First survey of legal professionals’ perceptions of FASD.
Purpose Persons diagnosed with fetal alcohol spectrum disorder (FASD) are more likely to come into contact with the criminal justice system than general population controls. Although previous survey evidence has suggested that federal district attorneys are limited in their knowledge of the psycholegal impairments presented by defendants with this condition, such research has yet to have been conducted with state-specific public defenders. The paper aims to discuss these issues. Design/methodology/approach The Dillman Total Design Method was used to disseminate an electronic survey to public defenders in Minnesota. The survey included questions designed to measure their knowledge bases on and legal experiences with FASD. Surveys were completed by 135 respondents (nMen=63; nWomen=72) with an average of 16.22 years (SD=11.34) of legal experience. Findings Respondents varied in their knowledge bases on the cognitive impairments, social deficits, and physical complications characteristic of FASD. Less than 20 percent of respondents reported having received training on the psycholegal impairments experienced by individuals diagnosed with FASD from arrest until the start of adjudication, during adjudication, or during incarceration. Over 95 percent of respondents reported that they could benefit from a Continuing Legal Education course on the psycholegal impairments of individuals diagnosed with FASD, and over 90 percent reported that they could benefit from being provided the findings of a screening tool for FASD in their daily practice. Originality/value First survey of state public defenders’ perceptions of FASD.
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