Perceptions of FASD by United States District Attorneys

Abstract

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.

Perceptions of FASD by Minnesota public defenders

“…In the present study, a web-based qualitative survey composed of both open- and closed-ended questions concerning FASD was administered to public defenders in Minnesota. Findings were concordant with previous surveys of US district attorneys (Brown et al , 2016) as well as civil commitment professionals working with sexual offenders (Brown and Singh, 2016).…”

“…Peer-reviewed research recently established that US District Attorneys are largely unable to accurately identify signs and symptoms of FASD, have not received training in the psycholegal impairments experienced by individuals diagnosed with FASD, and believe they would benefit from a continuing education course on this population (Brown et al , 2016). These findings were replicated in behavioral health professionals working in sexual offender civil commitment settings throughout the USA (Brown and Singh, 2016).…”

“…Thus, a web-based survey composed of both open- and closed-ended questions concerning FASD was administered to a total cohort of public defenders in the state of Minnesota. The methodology used by Brown et al (2016) and Brown and Singh (2016) was used for comparative purposes.…”

Fetal alcohol spectrum disorder evidence in Canadian criminal cases: A case law review.

“…Overall, FASD evidence was found to have limited relevance and mentions across many cases examined, prompting the need to consider factors that may contribute to such circumscribed consideration. It is possible that insufficient FASD knowledge among legal professionals may result in limited awareness regarding the potential legal relevance of FASD (Brown et al, 2016(Brown et al, , 2017Cox et al, 2008;McLachlan, Mullally, et al, 2020;Passmore et al, 2018). Even if the matter of FASD is raised and its potential legal relevance understood, insufficient diagnostic or expert resources in legal contexts may lead to evidence being haphazardly introduced without a clear plan or intent for application (McLachlan, Mullally, et al, 2020;Reid, Kippin, et al, 2020).…”

“…While research systemically elucidating factors underlying this overrepresentation remains limited, possible contributors include the substantial and complex neurodevelopmental needs experienced by many individuals with FASD, coupled with elevated experiences of adversities associated with increased risk of becoming involved in the criminal legal system (e.g., Flannigan, Kapasi, et al, 2021; Pei & Burke, 2018; Streissguth et al, 2004). People with FASD also often go unrecognized and undiagnosed, in part, due to limited FASD knowledge among clinicians and legal professionals, stigma associated with FASD and alcohol use during pregnancy, and substantial gaps in assessment, support, and intervention resources in both community and legal contexts (Aspler et al, 2018; Astley, 2010; Brown et al, 2016; Chasnoff et al, 2015; Cox et al, 2008; McLachlan, Mullally, et al, 2020; Popova et al, 2020). People with FASD can thrive when appropriately understood and supported, however, failure to identify and appropriately respond to the complex needs experienced by many through preventative support pathways may lead to an increased risk for becoming legally involved (Flannigan, Kapasi, et al, 2021; Jampolsky, 2018; Roach & Bailey, 2009).…”