Understanding the Relationship between Fetal Alcohol Spectrum Disorder (FASD) and Criminal Justice: A Systematic Review

Abstract

Prenatal alcohol exposure is considered one of the main causes of preventable birth disorders; however, it represents the main form of developmental delay in the world. Among the so-called secondary disabilities related to fetal alcohol spectrum disorder (FASD), there is a close connection with criminal behavior. This systematic review aims to provide up-to-date information about the relationship between FASD subjects and criminal justice analyzing different aspects. In light of the results of this review, a further goal is to provide several suggestions in order to reduce the public cost impact of FASD. A systematic review of the literature was conducted according to the PRISMA guidelines, producing 20 articles that met the inclusion criteria. Based on the results published in the selected studies, fetal alcohol syndrome (FAS) is a leading cause of preventable birth disorders and developmental disabilities in newborns. Moreover, these subjects seem to be more inclined to criminal acts compared to others. In conclusion, it should be pointed out that FASD entails high public health costs, both regarding the support measures provided to the affected individual and to their family, as well as the cost and social impact of any criminal offenses committed.

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

“…There have also been ongoing calls for legislative and policy reform in Canada to address the challenges presented by FASD in criminal courts, including two bills that aimed to codify FASD as a mitigating factor and increase the availability of court-ordered FASD assessments but were not passed into law (e.g., Bill C-583, Bill C-235), as well as syntheses including a national consensus conference (Binnie & Trussler, 2013). Therefore, Canadian examples and case law may prove helpful in informing legislation, policy, and practice shifts in other jurisdictions (Gibbs & Sherwood, 2017; Sessa et al, 2022).…”

Neuropsychological profiles of adolescents sentenced to detention in Western Australia with and without prenatal alcohol exposure

“…FAS, FASD, Foetal Alcohol Spectrum Disorder, Foetal alcohol syndrome, justice, PAE, prenatal alcohol exposure, paediatric neuropsychological assessment, youth detention living skills. Similarly, Sessa et al (2022) reported justice-involved individuals with PAE were more likely to experience difficulties with impulse control, executive functioning, academic achievement, adaptive behaviours and social skills.…”

An investigation of the utility of the Australian Guide to the Diagnosis of Fetal Alcohol Spectrum Disorder in young children

“…Neurodevelopmental difficulties can include impairment in executive functioning, attention and information processing, language, and motor problems (Mattson et al, 2019). These difficulties contribute to a range of adverse outcomes that may be considered secondary to the neurodevelopmental challenges, including poor educational attainment, social and behavioral problems (Easey et al, 2019; Jacobson et al, 2021; Sessa et al, 2022; Tsang et al, 2016), and physical health issues (Caputo et al, 2016) across childhood, adolescence, and adulthood (Wilhoit et al, 2017), highlighting the importance of robust and rigorous assessment processes that allow for early identification and tailored intervention.…”