Perceptions of FASD by Minnesota public defenders
| Date | 03 July 2017 |
| DOI | https://doi.org/10.1108/AMHID-12-2016-0041 |
| Pages | 165-172 |
| Published date | 03 July 2017 |
| Author | Jerrod Brown,Janina Cich,Jay Singh |
| Subject Matter | Health & social care,Learning & intellectual disabilities |
Perceptions of FASD by Minnesota
public defenders
Jerrod Brown, Janina Cich and Jay Singh
Abstract
Purpose –Persons diagnosed with fetal alcohol spectrum disorder (FASD) are more likely to come into
contact with the criminal justice system than general population controls. Although previous survey evidence
has suggested that federal district attorneys are limited in their knowledge of the psycholegal impairments
presented by defendants with this condition, such research has yet to have been conducted with
state-specific public defenders. The paper aims to discuss these issues.
Design/methodology/approach –The Dillman Total Design Method was used to disseminate an electronic
survey to public defenders in Minnesota. The survey included questions designed to measure their
knowledge bases on and legal experiences with FASD. Surveys were completed by 135 respondents
(n
Men
¼63; n
Women
¼72) with an average of 16.22 years (SD ¼11.34)of legal experience.
Findings –Respondents varied in their knowledge bases on the cognitive impairments, social deficits, and
physical complications characteristic of FASD. Less than 20 percent of respondents reported having
received training on the psycholegal impairments experienced by individuals diagnosed with FASD from
arrest until the start of adjudication, during adjudication, or during incarceration. Over 95 percent of
respondents reported that they could benefit from a Continuing Legal Education course on the psycholegal
impairments of individuals diagnosed with FASD, and over 90 percent reported that they could benefit from
being provided the findings of a screening tool for FASD in their daily practice.
Originality/value –First survey of state public defenders’perceptions of FASD.
Keywords Law, Survey, Crime, FASD, Minnesota, Public defender
Paper type Research paper
Introduction
Fetal alcohol spectrum disorder (FASD) is a biological condition resulting from alcohol
consumption during pregnancy. The irreversible brain damage caused by this alcohol
consumption results in a developmental trajectory marked by impaired social, educational,
vocational, and cognitive skills (Khoury et al., 2015). Although official prevalence estimates of
between 2 and 5 percent of the population in the USA have been published (May et al., 2014),
FASD is believed to be underdiagnosed, as the effects of the condition do not always
appear as obvious birth defects (Caprara et al., 2007). In spite of having average IQs in the 80s,
individuals diagnosed with FASD routinely function adaptively as if their IQs were in the
60s and 70s, qualifying them for intellectual disability services (Greenspan et al., 2016).
This presents an obstacle to timely and effective clinical intervention for deleterious outcomes
including criminality.
Individuals diagnosed with FASD are significantly more likely to become involved in the US
criminal justice system than are general population controls (Brown et al., 2015), with some
estimates reaching over 60 percent (McLachlan, 2012; Streissguth et al., 1996). This increased
likelihood has many contributors. Deficits in understanding cause-and-effect lead to a lack of
appreciation of the long-term consequences of behavior until law enforcement becomes
involved (Brown et al., 2013). Individuals with FASD are also more likely to have a history of
substance abuse and having been involved with the foster care system or child protective
services, which are risk factors for criminal behavior (Mela, 2015; Wartnick and Carlson, 2011).
Received 6 December 2016
Revised 20 June 2017
Accepted 29 June 2017
Funding: the research was funded
by the American Institute for the
Advancement of Forensic Studies.
This sponsor 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.
Jerrod Brown is based at the
Concordia University, Saint Paul,
Minnesota, USA; Pathways
Counseling Center, Saint Paul,
Minnesota, USA and
The American Institute for the
Advancement of Forensic
Studies, Saint Paul,
Minnesota, USA.
Janina Cich is based at The
American Institute for the
Advancement of Forensic
Studies, Saint Paul, Minnesota,
USA; Concordia University, Saint
Paul,Minnesota,USAand
Minnesota CIT Officer’s
Association, Saint Paul,
Minnesota, USA.
Jay Singh is based at Global
Institute of Forensic Research,
Reston, Virginia, USA;
Department of Psychiatry,
University of Pennsylvania,
Philadelphia, Pennsylvania, USA
and Faculty of Health Sciences,
Molde University College, Molde,
Norway.
DOI 10.1108/AMHID-12-2016-0041 VOL. 11 NO. 4 2017, pp.165-172, © Emerald Publishing Limited, ISSN 2044-1282
j
ADVANCESIN MENTAL HEALTH AND INTELLECTUAL DISABILITIES
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