Forensic Scholars Today
Fetal alcohol spectrum disorder (FASD) is an under-recognized disorder affecting approximately
2 to 5% of the U.S. population. Persons affected generally experience an array of behavioral, educational,
emotional, physical, and vocational deficits. Individuals most impacted are those not properly identified or
who do not receive proper support, guidance, and treatment. These impairments, combined with a
number of other factors, frequently bring persons with FASD into contact with the criminal justice system.
In fact, crime rates for individuals with FASD are much higher than the general population in North
America.
Once diagnosed with FASD and involved in the criminal justice system, these impairments can
impede a person’s understanding of Miranda rights and hinder his or her ability to navigate the judicial
process. Complicating matters further is that the intact verbal abilities of many individuals with FASD may
lead others to believe that their comprehension, executive functions, and overall intellectual capacity are
similarly unimpaired. Therefore, it is important for professionals working in the justice system to be trained
in areas related to effective treatment approaches that aim to service individuals with FASD in improving
their quality of life, long-term outcomes, and ending the cycle of ongoing criminal justice involvement.
Because many individuals with FASD do not exhibit visible signs, professional training for the
identification of FASD is important. Indeed, the absence of clearly identifiable markers of FASD prevents
two areas of the justice system (police officers and legal professionals) from recognizing the disability. In
other words, these lack of markers may partially account for the significant disadvantages facing afflicted
individuals. Clearly, a validated screening protocol for FASD would be invaluable in correctional, forensic,
legal, and psychiatric settings. Screening tools would benefit professionals as well as individuals affected
by FASD. Furthermore, an accurate and timely identification of FASD could then lead to much-needed
referrals for services and supports.
In addition to valid screening tools, additional research is also needed when addressing the best
practices for persons with FASD. This is especially true for those who are at risk for becoming involved in
the criminal justice system. At present, the majority of individuals who have been deleteriously affected by
prenatal exposure to alcohol will remain undiagnosed and untreated. By continuing to increase
competence among professionals in identifying and treating FASD, this can enhance the chances for
success in those with the condition by providing treatments that address their unique needs for skill
acquisition and practical supports.
Neglecting or failing to recognize the special needs of individuals with FASD in the criminal justice
system can exacerbate associated problems. Taking steps to improve the manner in which our criminal
justice system handles FASD will create a fairer justice system and better outcomes for these highly
vulnerable individuals.
Biography
Jerrod Brown, M.A., M.S., M.S., M.S., is the Treatment Director at Pathways Counseling Center, Inc.
Pathways provides programs and services benefiting individuals impacted by mental illness and
addictions. Jerrod is also the founder and CEO of the American Institute for the Advancement of Forensic
Studies (AIAFS), and the lead developer and program director of an online graduate degree program in
Forensic Mental Health from Concordia University, St. Paul, Minnesota. Jerrod is currently pursuing a
doctoral degree in psychology.