Fetal Alcohol Spectrum Disorder (FASD) and Competency to Stand Trial (CST): A Call on Forensic Evaluators to Become Informed

Brown, Jerrod; Carter, Megan N.; Haun, Jeffrey; Wartnik, Judge Anthony; Zapf, Patricia A.

doi:10.1080/24732850.2019.1620798

Cited by 9 publications

(11 citation statements)

References 65 publications

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“…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. Thus, highlighting the need for specialised knowledge regarding FASD (Brown et al, 2019). If an evaluator suspects that PAE may have been a contributory factor in reduced functional capacities relating to CST, a referral for a full neuropsychological and language assessment should be considered although a full neuropsychological assessment may not be necessary in all CST cases of suspected FASD (i.e., if there are clear indications that the individual is not competent to proceed).…”

Section: Fasd and Competency To Stand Trial (Cst)mentioning

confidence: 99%

“…waive rights, enter pleas, stand trial and abide by community supervision) (Conry et al, 1997;Conry and Lane, 2009;Freckelton, 2016b;McLachlan et al, 2014). As recently highlighted by Brown et al (2019), there is a lack of formal training specific to FASD for mental health professionals which is perpetuating the under-identification of FASD (Chudley et al, 2005). As a result, individuals with FASD are frequently overlooked with regards to mental health evaluationsparticularly within the criminal justice system (Conry and Fast, 2011;Popova et al, 2011;Brown et al, 2019).…”

Section: Risk Of False Confession False Testimony and Wrongful Conviction In Individuals With Fasdsmentioning

confidence: 99%

“…As recently highlighted by Brown et al (2019), there is a lack of formal training specific to FASD for mental health professionals which is perpetuating the under-identification of FASD (Chudley et al, 2005). As a result, individuals with FASD are frequently overlooked with regards to mental health evaluationsparticularly within the criminal justice system (Conry and Fast, 2011;Popova et al, 2011;Brown et al, 2019).…”

Section: Risk Of False Confession False Testimony and Wrongful Conviction In Individuals With Fasdsmentioning

confidence: 99%

“…There will be some cases where the individual requires a much more in-depth assessment to accurately determine their functional abilities and impairments. Some impairments may appear to be subtle, however, the impact on individuals with FASD may be severe and an in-depth assessment of their functional capacities outside of their intellectual functioning may be required (Brown et al, 2019).…”

Section: Risk Of False Confession False Testimony and Wrongful Conviction In Individuals With Fasdsmentioning

confidence: 99%

“…FASD training would hopefully support forensic evaluators to identify and understand the impairments which are specific to FASD and recognise the possible impact of the defendant's FASD on their CST. Such "early" possible identification can then result in proper diagnosis by a clinician (as well as the specific impairments in the defendant) and highlight their need for appropriate and timely interventions which are specifically designed for individuals with FASD (Brown et al, 2019). The "criminal justice system is an ideal arena for intervention efforts aimed at the rehabilitation and prevention or reduction of recidivism in this unique population" (Popova et al, 2011).…”

Section: Risk Of False Confession False Testimony and Wrongful Conviction In Individuals With Fasdsmentioning

confidence: 99%

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

Allely

Mukherjee

2019

JCP

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Suggestibility, false confessions and competency to stand trial in individuals with fetal alcohol spectrum disorders: current concerns and recommendations Fetal alcohol spectrum disorder (FASD) is a lifelong disorder which is the result of prenatal exposure to alcohol (PAE) (Charness et al., 2016;Rangmar et al., 2015). Alcohol crosses the placenta which may result in cell damage and have an impact on developing organs (including the brain and the spinal cord). There are numerous organs which are sensitive to alcohol exposure across all stages of pregnancy ( Jonsson, 2019). FASD, previously considered an umbrella term for a range of accepted diagnoses including: fetal alcohol syndrome (FAS), partial FAS, alcohol-related neurodevelopmental disorder (ND) and alcohol-related birth defects. Increasingly these terms are being replaced by the FASD with and without dysmorphic features in the UK (SIGN, 2018). Individuals with FASD exhibit a variety of symptoms including cognitive (e.g. intelligence, executive control, and memory), social (e.g. communication skills and suggestibility) and adaptive (e.g. decision making ability and capacity to solve problems) impairments (Brown et al., 2011;BoS, BMA, 2016). One of the misconceptions regarding FASD is that individual will exhibit facial features that would suggest PAE. However, this is rarely the case. The majority of individuals who experience the negative effects of PAE lack any physical symptoms. It has been estimated that less than 10 per cent of individuals with FASD exhibit the physical features which have been found to be associated with PAE (Astley, 2010). Moreover, individuals who do exhibit the physical symptoms of PAE, typically diagnosed as FAS (i.e. short palpebral fissures, thin vermilion border, smooth philtrum and growth deficits), tend to become less marked or pronounced as the individual gets older (Streissguth et al., 1991). Individuals with FASD often present with a range of other physical and mental health problems. A review identified 428 comorbid conditions linked to FASD. They suggest rather than being referred for FASD, these comorbid conditions are how individuals may present to services (Popova et al., 2016).Currently, there are no guidelines which are developed to inform and support mental health professionals in the detection and identification of PAE in mental health professionals amongst their patient population (Mela et al., 2019). In order to make the diagnostic process more accessible to mental health professionals (as well as address some of the key diagnostic complexities surrounding FASD), "the Diagnostic and Statistical Manual -Fifth Edition" (DSM-5; American Psychiatric Association, 2013) included ND associated with prenatal alcohol exposure (ND-PAE) as an example under the diagnosis "Other Specified Neurodevelopmental Disorder". Therefore, DSM-5 allows for a clinical diagnosis of "Other Specified Neurodevelopmental Disorder -Neurodevelopmental Disorder Associated with Prenatal Alcohol Disorder". The diagnostic criteria are included in ...

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Section: Fasd and Competency To Stand Trial (Cst)mentioning

confidence: 99%

Section: Risk Of False Confession False Testimony and Wrongful Conviction In Individuals With Fasdsmentioning

confidence: 99%

Section: Risk Of False Confession False Testimony and Wrongful Conviction In Individuals With Fasdsmentioning

confidence: 99%

Section: Risk Of False Confession False Testimony and Wrongful Conviction In Individuals With Fasdsmentioning

confidence: 99%

Section: Risk Of False Confession False Testimony and Wrongful Conviction In Individuals With Fasdsmentioning

confidence: 99%

See 3 more Smart Citations

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

Allely

Mukherjee

2019

JCP

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Risk, rights and deservedness: Navigating the tensions of Gladue, Fetal Alcohol Spectrum Disorder and settler colonialism in Canadian courts

Dickson

Stewart

2021

Behavioral Sci & The Law

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In 2008, the Truth and Reconciliation Commission of Canada engaged in a public project of national reconciliation to address the ongoing impacts of settler colonialism including the disproportionate number of Indigenous adults and youth who are held in remand facilities awaiting trial or sentence as well as those who are convicted and sentenced to periods of incarceration. Efforts to further reconciliation by reducing Indigenous incarceration rates have relied largely on the courts and their application of a sentencing principle rooted in the Supreme Court's ruling in R. v. Gladue [1999] 1 SCR 688. In this article, we argue that the Gladue sentencing principle is being fundamentally undermined in the courts through risk models that actively displace the very context that Gladue reports seek to illuminate. Included in the analysis are the compounding impacts facing Indigenous individuals struggling with a complex disability like Fetal Alcohol Spectrum Disorder.

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Fetal alcohol spectrum disorder and confabulation in psycholegal settings: A beginner’s guide for criminal justice, forensic mental health, and legal interviewers

Brown

Jonason

Asp

et al. 2021

Behavioral Sci & The Law

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Fetal alcohol spectrum disorders (FASD) are neurodevelopmental/neurobehavioral conditions caused by prenatal alcohol exposure (PAE). Impairments caused by PAE contribute to the over‐representation of individuals with FASD in the United States juvenile and adult criminal justice systems. These same impairments can equally impact on individuals with FASD who are witnesses to or victims of crime who also have to navigate the complexities of the criminal justice system. Difficulties include increased susceptibility to confabulation throughout the legal process that, in turn, can contribute to increased rates of poor outcomes including false confessions and wrongful convictions. Individuals with FASD are particularity at risk of confabulation when they are subjected to tactics, such as stressful and anxiety‐provoking situations, threats, and leading, suggestive, or coercive questioning. Many professionals in the forensic context are unfamiliar with FASD or related confabulation risk and may unintentionally utilize tactics that intensify impacts of pre‐existing impairment. This article serves as a beginner’s guide for professionals working in criminal justice settings by (a) providing research‐based overviews of FASD and confabulation, (b) describing how FASD may lead to confabulation, and (c) suggesting ways that professionals can modify protocols when interacting with individuals with FASD. Suggestions in this article hold the potential to decrease the risk of confabulation in the criminal justice system and decrease problematic outcomes, such as false confessions and wrongful convictions among individuals with FASD.

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Fetal Alcohol Spectrum Disorder (FASD) and Competency to Stand Trial (CST): A Call on Forensic Evaluators to Become Informed

Cited by 9 publications

References 65 publications

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

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

Risk, rights and deservedness: Navigating the tensions of Gladue, Fetal Alcohol Spectrum Disorder and settler colonialism in Canadian courts

Fetal alcohol spectrum disorder and confabulation in psycholegal settings: A beginner’s guide for criminal justice, forensic mental health, and legal interviewers

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