Perceptions of FASD by United States District Attorneys
| Published date | 12 December 2016 |
| Pages | 195-201 |
| Date | 12 December 2016 |
| DOI | https://doi.org/10.1108/JIDOB-04-2016-0005 |
| Author | Jerrod Brown,Don Helmstetter,Diane Harr,Jay Singh |
| Subject Matter | Health & social care,Learning & intellectual disabilities,Offending behaviour,Sociology,Sociology of crime & law,Deviant behaviour,Education,Special education/gifted education,Emotional/behavioural disorders |
Perceptions of FASD by United States
District Attorneys
Jerrod Brown, Don Helmstetter, Diane Harr and Jay Singh
Jerrod Brown is a Treatment
Director at Pathways Counseling
Center Inc., Saint Paul,
Minnesota, USA; and is at the
Concordia University, Saint Paul,
Minnesota, USA and
The American Institute for the
Advancement of Forensic
Studies, Saint Paul,
Minnesota, USA.
Don Helmstetter is the Director,
Education Doctorate Programs
at the Concordia University,
Saint Paul, Minnesota, USA.
Diane Harr is the Director of
Graduate Special Education
Programs at the Concordia
University, Saint Paul,
Minnesota, USA.
Jay Singh is the Founder of the
Global Institute of Forensic
Research, Reston, Virginia, USA;
and is at the Department of
Psychiatry, University of
Pennsylvania, Philadelphia,
Pennsylvania, USA and Faculty of
Health Sciences, Molde University
College, Molde, Norway.
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, n¼166; women, n¼50; Northeast, n¼32; South, n¼102; Midwest, n¼36; West, n¼46) with an
average of 25.03 years (SD ¼10.71) of legal experience.
Findings –Participantsdisplayed variable levels of knowledge concerning thesigns and symptoms of FASD
and underestimated how oftenpersons with FASD become involvedin the criminal justicesystem. The majority
of participantshad never received training on the psycholegal impairmentsof individuals diagnosed with FASD
and reportedthat they would benefitfrom a Continuing LegalEducation 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.
Keywords Survey, Alcohol, Mental health, Court, FASD, District attorney
Paper type Research paper
Introduction
At a prevalence of between 2 and 5 percent of the population in the USA (May et al., 2009), Fetal
alcohol spectrum disorder (FASD) is a condition caused by the consumption of alcohol during
pregnancy, resulting in irreversible brain damage (Chudley et al., 2005). The developmental
trajectory of individuals diagnosed with FASD includes impaired social, educational, vocational, and
cognitive skills (Coles et al., 2015; Khoury et al., 2015). Such impairments have been associated
with serious adverse outcomes including criminality. Individuals living with the challenges of FASD
are at an increased risk of becoming involved in the criminal justice system (Brown et al., 2010,
2015; Leschied, 2011), with some estimates reaching over 60 percent (Streissguth et al.,1996).
Hence, professionals working in the justice sector need to cultivate an increased awareness of how
to effectively approach, communicate with, and treat individuals with FASD. This is particularly the
case, as individuals with FASD have been found to have an impaired adjudication capacities as well
as understanding and appreciation of Miranda rights (McLachlan et al., 2014).
It is currently unknown how many legal professionals receive training on the various clinical
phenomena associated with FASD and what the experiences of legal professionals are in cases
where they have worked with individuals with FASD. Such training is important, as the effects of
Received 15 April 2016
Revised 1 July 2016
Accepted 1 July 2016
The research was funded by
Concordia University and
Pathways Counseling Center.
These sponsors had no role in the
design and conduct of the study;
collection, management, analysis,
and interpretation of the data; or in
the preparation, review, or
approval of the manuscript.
DOI 10.1108/JIDOB-04-2016-0005 VOL. 7 NO. 4 2016, pp. 195-201, © Emerald Group Publishing Limited, ISSN 2050-8824
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JOURNAL OF INTELLECTUAL DISABILITIES AND OFFENDING BEHAVIOUR
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