FASD and the Criminal Justice System: From Arrest to Community Supervision

1 Hour | 1 CE

This on-demand professional training program on FASD and the Criminal Justice System: From Arrest to Community Supervision is presented by Jerrod Brown, Ph.D.

Fetal Alcohol Spectrum Disorder (FASD) is an umbrella term designated for a group of disorders that are caused by prenatal exposure to alcohol. FASD may consist of a wide range of physical (e.g., abnormal facial structure), cognitive (e.g., executive control and short- and long-term memory), social (e.g., verbal and non-verbal communication skills), and adaptive (e.g., decision-making and problem-solving ability) symptoms. Because these symptoms can vary in their presence and severity, along with their high rates of comorbidity with other psychiatric and developmental disorders, FASD often goes undiagnosed or misdiagnosed. As a result, individuals with FASD typically do not receive the appropriate treatment and services. In the absence of adequate treatment, individuals with FASD are prone to involvement in the criminal justice system as victims, witnesses, and perpetrators of crime. Unfortunately, FASD also makes it difficult for these individuals to navigate the criminal justice system. For example, FASD may interfere with competency to make legal decisions (e.g., waive Miranda rights or the right to an attorney) or stand trial, increase the risk for false confessions and wrongful convictions, and make it difficult to comply with the requirements of confinement and community supervision. These problems emphasize the importance of increasing the awareness of FASD among criminal justice, forensic mental health, and legal professionals.

The overarching purpose of this advanced-level training is, to begin with a review of the definitional features of FASD and then explore the diverse consequences of FASD in criminal justice settings. Participants are expected to arrive at the training with a basic understanding of FASD, which is built upon six key training objectives. First, the training provides a comprehensive review of the warning signs, behavioral indicators, and consequences associated with FASD. This also includes a discussion of the DSM-5’s recently proposed Neurobehavioral Disorder Associated with Prenatal Alcohol Exposure (ND-PAE; APA, 2013). Second, attendees explore the comorbidity of FASD with other developmental and psychiatric disorders, cognitive impairments, and victimization. In particular, the proneness to victimization observed in this group confers a risk of developing trauma-related issues such as PTSD. Third, attendees acquire a basic working understanding of how FASD increases the likelihood of criminal justice involvement. During the training of this objective, the prevalence rates of FASD in criminal justice settings and the general population are covered, along with a discussion of FASD’s role in different criminal behaviors (e.g., firesetting and sexually inappropriate behaviors). Fourth, attendees learn how a range of FASD symptoms (e.g., short- and long-term memory loss, confabulation, and suggestibility) make it difficult for individuals with this disorder to successfully navigate the criminal justice system. In fact, memory impairments, along with suggestibility and confabulation, can increase the risk of false confessions, inaccurate testimony, and wrongful convictions. Fifth, the training identifies techniques to improve the Assessment and treatment of individuals with FASD in criminal justice settings. Accompanying these tips is a review of common barriers and challenges during these processes. Sixth, this training concludes by discussing existing FASD research and identifying future directions for FASD research in criminal justice settings. Together, these six key training objectives present an opportunity for professionals from criminal justice and mental health backgrounds to develop a stronger understanding of FASD’s deleterious impact on the criminal justice system while identifying ways to help address these issues.