Evaluating the psycholegal abilities of young offenders with fetal alcohol spectrum disorder.

Abstract

Individuals with a diagnosis of fetal alcohol spectrum disorder (FASD) experience a range of physical, cognitive, and behavioral deficits thought to interfere with their ability to competently navigate the arrest, interrogation, and trial process. This study examined the psycholegal abilities of young offenders with FASD, including their understanding and appreciation of Miranda rights, and adjudication capacities (factual knowledge of criminal procedure, appreciation of the nature and object of the proceedings, ability to participate in a defense and communicate with counsel). Two groups of young offenders (50 with FASD and 50 without prenatal alcohol exposure) completed Grisso's Instruments for Assessing Understanding and Appreciation of Miranda rights and the Fitness Interview Test-Revised to assess overall rates of impairment in youth with FASD, as well as differences between the groups. Potentially important predictors of psycholegal abilities were also evaluated. Results indicated the majority of young offenders with FASD (90%) showed impairment in at least one psycholegal ability, and rates of impairment were significantly higher than the comparison group. However, considerable within-group variability was observed. IQ and reading comprehension emerged as robust predictors of participants' psycholegal abilities, while the FASD diagnosis differentiated participants' scores on the FIT-R. These findings underscore the importance of individualized and comprehensive forensic assessments of psycholegal abilities in this population when warranted. Additional system level strains for this population are discussed, including problems in approaching competency remediation, and the potentially growing need for accommodation and forensic assessments in the face of limited financial and professional resources in legal settings.

Perceptions of Traumatic Brain Injury among Public Defenders in the State of Minnesota

“…Central among these efforts should be the development of purpose-built forensic screening instruments for TBI. defendant's ability to successfully navigate the criminal justice process [29]. Such impairments can include affective dysregulation (e.g., mood disorders), anxiety, psychosis, impulsivity, and behavioral problems [4][5][6][7][8][9][10].…”

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

“…There has been relatively little empirical investigation into the impact of an defendants FASD on their competency to stand trial (CST). However, from the sparse literature to date, FASD symptoms are likely to have a negative affect on a defendant's CST (e.g., Brown et al, 2017;Freckelton, 2016;McLachlan et al, 2014). The assessment of CST is complicated given the broad range of how neurocognitive and adaptive functioning impaired which are associated with PAE can present.…”

“…Assessment of CST, despite the challenges, is nevertheless imperative to the protection of due process rights (Brown, Haun, Novick Brown, & Zapf, 2016;Brown et al, 2017;McLachlan et al, 2014-see Brown, Carter, Haun, Wartnik, & Zapf, 2019. Individuals with FASD can very easily appear to meet minimal criteria for CST when in fact they have nuanced or subtle impairments that may lead to significant problems for proceeding in the criminal justice system.…”

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

“…Only two studies were identified which investigated the psycho-legal abilities of offenders with FASDs [8,39]. In a group of young offenders with FASDs, McLachlan, et al [8] investigated the psycho-legal abilities relevant to interrogation and adjudication in addition to assessing the offender's insight and confidence regarding their psycho-legal abilities.…”