A Proposed Model Standard for Forensic Assessment of Fetal Alcohol Spectrum Disorders

Abstract

A model protocol is proposed for multidisciplinary assessment of Fetal Alcohol Spectrum Disorders (FASD) in the forensic context. Used effectively on both sides of the courtroom in the United States in criminal and post-conviction matters in state and federal courts, the model relies on the FASD literature and best-practice standards of care in terms of clinical as well as forensic evaluation. It is suggested that FASD diagnostic criteria for older adolescents and adults in the criminal system may need different emphasis if facial features have diminished with age and confirmation of prenatal exposure is impossible.

Suggestibility, false confessions and competency to stand trial in individuals with fetal alcohol spectrum disorders: current concerns and recommendations

“…, 2012). This population may also be more prone to acquiescence and may also change their responses even with just minimal pressure (e.g., Brown et al, 2010Brown et al, , 2011. There is also the tendency for this group to exhibit average but superficial verbal skills that mask their below-average comprehension ability (Fast & Conry, 2009).…”

“…FASD may also frequently result in the individual being impaired in their ability to provide a coherent, sequential narrative. In addition to confabulation described above, they may also exhibit memory impairments such as forgetting crucial defense-related information from interview to interview and not being able to recall a number of offense-related details (Brown et al, 2010). properly identified, miscarriages of criminal justice can occur (see Freckelton, 2016a).…”

Studies Investigating Fetal Alcohol Spectrum Disorders in the Criminal Justice System: A Systematic PRISMA Review

“…Burd and colleagues, [21] highlight in their paper that the reported training needs in correction systems are substantial, requiring immediate attention Burd, et al [21]. FASD Experts recommend the use of an informal checklist which includes empirically validated factors found to be associated with FASD Brown, et al [3]. The FASD experts screening questionnaire covers five areas including: Offence Conduct (e.g., Impulsive and illogical actions with high risk of detection and Poor exit strategy); Arrest Conduct (e.g., immediately or easily waives rights and over-confesses (suggestible)); Interview with Client (e.g., socially inept, immature, and naïve and Doesn't seem to remember what you tell him/her from appointment to appointment); Prior Legal History (e.g., easily led by more sophisticated peers and illogical offences (e.g., stealing something with little value)); and lastly, Life History (e.g., involvement with child welfare, Adoption/foster or relative placement/juvenile commitment [3].…”

“…Despite an increasing recognition of FASD within the criminal justice system, it is still concerning that in a review of cases on the Legal Issues Resource Center website (http://depts.washington. edu/fadu/legalissues)maintained by the Fetal Alcohol and Drug Unit at the University of Washington only just over 100 cases in the United States over the past two decades have raised FASD as a defense issue indicating that many individuals go undetected in the criminal justice process [3]. This systematic PRISMA review will explore studies which have investigated FASDs in the criminal justice system.…”

Perceptions of Fetal Alcohol Spectrum Disorder (FASD) at a Mental Health Outpatient Treatment Provider in Minnesota

“…When not accurately diagnosed and properly treated and supported, individuals with FASD are prone to negative life outcomes including involvement in the criminal justice system [23,24,25]. For example, Streissguth, Barr, Kogan, and Bookstein [15] estimate that approximately 60% of individuals with FASD enter into the criminal justice system at some point in their lives.…”