Justice
Cognitive, executive functioning, and adaptive living challenges can lead people with FASD to make poor decisions that cause them to enter into the Criminal Justice System.
In a recent study of young offenders with FASD, 90% demonstrated an inability to understand the legal jargon and procedures encountered throughout the legal system, leaving them not understanding what was happening to them as they faced life-changing decisions at the hands of others. (McLachlan K, et. al. 2013). Their lack of ability to communicate effectively puts them at risk for misinterpretation and manipulation from the time of arrest through to sentencing and parole. Individualized and comprehensive forensic assessments for individuals with FASD are critical. Without early diagnosis and assessment they will not receive FASD-appropriate treatment and will be at risk of developing mental health issues, compounding the factors that increase their chances of coming into contact with the Criminal Justice System. (J. Pei et. al. 2011).
Webinar with Dr. Katy Flannigan and Dr. Kaitlyn McLachlan
Cost of FASD and the Criminal Justice System in Canada
The costs of FASD associated with the Criminal Justice System are estimated at $3.9 billion a year (Thanh and Jonsson, 2015)…
-$1.2 billion for police
-$0.4 billion for court
-$0.5 billion for correctional services
-$1.6 billion for victims
-$0.2 billion for third-party
Incarceration
Because of a lack of connection with consequences and a profound vulnerability, jail is often inappropriate for people with FASD. Youth with FASD are over-represented in Canadian Corrections facilities. Individual cognitive, executive functioning, and daily living skills deficits, as well as systemic lack of understanding of FASD , all result in a disproportionate number of youth with FASD being incarcerated.
-Youth with FASD have been found to be 10-19 times more likely to be incarcerated than youth without FASD. (Popova et. al. 2011)
-In a sample of 253 individuals with FASD, 60% reported a history of being charged, convicted or in trouble with the authorities and 42% of adults had been incarcerated. (Streissguth et. al. 1996)
-Data from the Forensic Outpatient Clinic in Saskatchewan revealed that the rate of FASD diagnosis was 55.5% in their adult population. (Mela et. al. 2014)
5 FASD concepts you need to know…
People with FASD often present developmentally at half their chronological age. Because most people with FASD show no outward physical indicators of the disorder, they may appear to be a rational, competent individual. However, a 16-year-old may be processing the situation as an 8-year-old would, with little understanding of the result. Would you send an 8-year-old to prison?
1. Dysmaturity
A witness, offender and/or a victim with FASD may have difficulty reliably remembering and recounting events and processing information during interviews. They may not be able to recall what happened, and in what order, and may take a long time to respond to questions. Although they look like they are not following instructions, they may be trying to comply, but processing instructions much more slowly than expected.
2. Slow processing speed
Many people with FASD have sensory processing challenges. They may be hyper-sensitive (high response to stimulation) to light, sound, and/or touch. Such hypersensitivity may affect an individuals reaction to a crime scene where there is much activity, including flashing lights, sirens and personal injury. Others my be hypo-sensitive (low response to stimulation) and may not feel pain equal to an injury.
3. Sensory Processing Difficulties
Confabulation is a blending of facts and non-facts. People with FASD often have difficulty distinguishing between a real event and something that may have been suggested to them, or that they saw on television or in a movie. What they tell you, although not “fact” may be very real to the individual, who may be trying hard to give you the information you need, while wrestling with cognitive challenges associated with FASD. Do NOT assume they are lying; it may be their reality.
4. Confabulation
Individuals with FASD have trouble with life skills. They have trouble with time management, planning, schedules, and remembering appointments. Coupled with memory deficits, they may forget instructions even as they are being given. They are very concrete thinkers, and have difficulty weighing options. These all have an impact on an individual’s ability to adhere to court conditions or probation requirements.
5. Executive Functioning Challenges
Jordan’s Principle
Jordan's Principle makes sure all First Nations children living in Canada can access the products, services and supports they need, when they need them. Funding can help with a wide range of health, social and educational needs, including the unique needs that First Nations Two-Spirit and LGBTQQIA children and youth and those with disabilities may have.
Jordan's Principle is named in memory of Jordan River Anderson. He was a young boy from Norway House Cree Nation in Manitoba. Go to https://www.sac-isc.gc.ca/eng/1568396042341/1568396159824 for further information and to apply.
Dive Deeper
Learn more about FASD and Justice by exploring additional resources.
References
C. N. (2023, June 22). Beyond 94 - Truth and Reconcialiation in Canada. CBC News. Retrieved May 26, 2024, from https://www.cbc.ca/newsinteractives/beyond-94/undertake-reforms-to-the-criminal-justice-system-to-better-address-the-needs-of-offenders-with-fasd
Laporte, A., McKee, T., Lisakowski, Z., Conry, J., & Chudley, A. (2003). Fetal Alcohol Spectrum Disorder - FASD Guidebook for Police Officers. RCMP. https://www.nofasd.org.au/wp-content/uploads/2018/05/Foetal_alcohol_syndrome_guide_for_police_Canada_2005.pdf
McLachlan K, Roesch R, Viljoen JL, Douglas KS. Evaluating the Psycholegal Abilities of Young Offenders With Fetal Alcohol Spectrum Disorder. Law Hum. Behav. Jul 8 2013.
Mela M, Tait C. Managing mentally disordered offenders with FASD in the community: What works and what should work better? Paper presented at: 6th National Biennial Conference on Adolescents and Adults with Fetal Alcohol Spectrum Disorder 2014; Vancouver, BC.
National Library of Medicine (2015, June 1). Costs of Fetal Alcohol Spectrum Disorder in the Canadian Criminal Justice System. Pub Med. Retrieved May 26, 2024, from https://pubmed.ncbi.nlm.nih.gov/26072470/#:~:text=The%20costs%20of%20FASD%20associated,%240.2%20billion%20for%20third%2Dparty.
Pei J, Denys K, Hughes J, Rasmussen C. Mental health issues in fetal alcohol spectrum disorder. J.Ment.Health. 2011;20(5):438-448.
Popova S, Lange S, Bekmuradov D, Mihic A, Rehm J. Fetal alcohol spectrum disorder prevalence estimates in correctional systems: a systematic literature review. Can. J. Public Health. Sep-Oct 2011;102(5):336-340.
Streissguth AP, Barr HM, Kogan J, Bookstein FL. Understanding the occurrence of secondary disabilities in clients with fetal alcohol syndreome (FAS) and fetal alcohol effects (FAE). Final report to the Centers for Disease Control and Prevention. Seattle: University of Washington, Fetal Alcohol and Drug Unit;1996.
Stewart, M. & Glowatski, K. (2018). Truth and reconciliation call to action #34: A framework for action. Canada FASD Research Network, Regina, SK
Thanh, N., & Jonsson, E. (2015). Costs of Fetal Alcohol Spectrum Disorder in the Canadian Criminal Justice System. Journal of Population Therapeutics and Clinical Pharmacology, (June 1, 2015). https://doi.org/2015;22(1):e125-31