Tag Archives: Criminal Justice System

FASD and the Criminal Justice System: Transnational Research

Patrick McGee spoke with Damien Carrick on the Law Report on RN, Radio Australia, ABC News Radio on November 10, 2015 about the treatment of offenders with FASD in the Australian court system. The episode, entitled “Indigenous Prisoners and FASD” is available from the ABC RN website and offers insight into the growing awareness about FASD in the criminal justice system in Australia. The conversation is partially based on a recent study headed by Dr. Eileen Baldry (University of New South Wales) in which she found that Indigenous Australians with disabilities are often caught in the criminal justice system due to a lack of appropriate support systems. McGee asserts that the criminal justice system is ill-prepared to handle offenders with disabilities. He acknowledges that there are more effective ways of managing this issue, but that they are at the levels of intervention and diversion programs, as well as finding ways to encourage jurisdictional cooperation between disability services and the justice system. McGee points out that this is an issue that has emerged in Canada and the United States as well, but he feels that Australia has fallen behind in terms of awareness and responses. Listen to the episode at http://www.abc.net.au/radionational/programs/lawreport/indigenous-prisoners/6923270#transcript.

This issue was also recently addressed within the Canadian context at a conference in Regina, Saskatchewan on November 17, 2015. A panel comprised of Saskatchewan-based professors including Michelle Stewart, Robert Henry, and Jason Demers discussed incarceration rates in Canada. Indigenous offenders and offenders with FASD were specifically discussed, as were community-based alternative options to incarceration. International awareness of the intersection of FASD and the criminal justice system is growing; however, strategies for alternative treatments and programs are broadly being developed in response. Check out the LeaderPost article “Aboriginal incarceration up 47 per cent at Canada’s federal prisons” and see for yourself (http://www.leaderpost.com/health/aboriginal+incarceration+cent+canada+federal+prisons/11384178/story.html).

Ali McCudden December 19, 2015

FASD & the Law: Free Workshop – March 2015

February Update:

This will be a pre-conference event prior to 6th International Conference on FASD called “Research: Results and Relevance 2015” that is being held March 4-7 in Vancouver B.C. The pre-conference session on FASD & the Law will feature upwards of 20 short presentations. We are currently finalizing the schedule of speakers but emerging themes currently include: justice and law, corrections and incarceration, research and training, as well as family and care providers’ perspectives on justice encounters. We will have a complete list of speakers and schedule available in late January so stay tuned. This event is free and is open to the public. We do ask that you register for the event by contacting: faslaw@uw.edu.  Please share this event with your contacts and we hope to see you in Vancouver in the Spring!  See the preliminary schedule below – and register today! Please share with contacts and check out the facebook page by clicking here.

FASD & The Law:

Continuing the Conversation about Current Research, Best Practices & Ethical Considerations

Welcome

Registration and Coffee—8:00am to 8:15am

Welcome and Opening Comments (Fia Jampolsky, Kathryn Kelly & Michelle Stewart)—8:15am to 8:30am

Session I

FASD, Mental Health & Wellness Courts—8:30am to 9:15am

·       Judge Toth (Canada), Just Do It: How to Start a FASD Court Without Resources and Actually Get Something Done

·       Suzie Kuerschner (Canada), Wellness Court & Sentencing Plans for Defendants Living with FASD

·       Kelly Rain Collins (USA), Juvenile Mental Health Court

 

FASD in the Courts—9:15am to 10:15am

·       Judge Jeffrey (USA), TBD

·       Judge Wartnik (USA), FASD: Perseveration and Being “Bored”

·       Frances Gordon (Canada), FASD and the Principles of Sentencing: A Turn in the Road since R v Charlie

·       Magistrate Crawford (Australia), TBD

BREAK—10:15am to 10:30am
Thinking with Families and Youth about FASD and the Law—10:30 to 11:15am

·       Dorothy Reid, Canada FASD Research Network (Canada), Don’t Forget About Us: A Family’s Perspective on FASD and the Law

·       Dr. Lori Cox (Canada), The Nogemag Healing Lodge: Working with Youth and Families with FASD

·       Kee Warner & Deb Evenson (Canada), Not The Same Old Kettle of Fish: Communicating for Comprehension

 

Discussion Session One: Ethical Considerations—11:15am to 12:00pm
Presentation:

Dr. Amy Salmon (Canada), Engaging the Criminal-Legal System in FASD Prevention: Current Debates and Implications for Reproductive Justice

Audience and Panelists Discussion Hosted by: Fia Jampolsky

·       Emerging & best practices regarding FASD in the legal system

·       Ethical issues raised in these practices and possible remedies

 

LUNCH—12:00pm to 1:00pm

SESSION II

 

Youth Interventions—1:00pm to 2:00pm

·       Dr. Christina Chambers (USA), Screening for FASD among Juvenile Detainees in San Diego
·       Dr. Maya Peled (Canada), Breaking Through the Barriers: Supporting Youth with FASD Who had Substance Abuse Challenges

·       Dr. Steven Youngentob (USA), Prenatal Alcohol Exposure: The Role of Chemosensory Fetal Programming in Adolescent Alcohol and Nicotine Acceptance.

·       Richard Willier (Canada), FASD and Youth Diversions
Education and Justice Outreach—2:00pm to 2:30pm
· ·       Heather Jones (Australia) Developing FASD Educational Interventions for Justice Professionals

·       Dr. Michelle Stewart (Canada) Managing Expectations: Frontline Police Perspectives and the Limits of FASD Training

 

BREAK—2:30pm to 2:45pm

 

Discussion Session Two: Prevalence—2:45pm to 3:30pm

Presentation:

Dr. Kaitlyn McLaughlin (Canada), TBD

Discussion Host: Kathryn Kelly

·       What is at stake in prevalence studies?

·       What are some of the practices being used to establish prevalence?

Assessment and Assistance—3:30pm to 4:00pm
·       Betty Lou Benson (Canada) TBD

·       Lisa Bunton, (Canada), Providing Services to Offenders with FASD: Challenges and Successes (pending approval)

Discussion Session Three: Looking to the Future—4:00pm to 4:30pm

Audience and Panelists Discussion Hosted by: Michelle Stewart
·       What is on the horizon in the fields of FASD & the Law?

·       What are the research needs in these fields?

*Note: this is a preliminary schedule and is subject to change. Registration required. Contact faslaw@uw.edu.

Roseanne Fulton free on bail after assault

CLICK HERE TO ACCESS ARTICLE: Roseanne Fulton free on bail after assault

Yahoo! 7 News, 11 July 2014

Accessed on: 18 July 2014

Commentary by: Jeanelle Mandes

Rosie Fulton, from Alice Springs – the largest town in the Northern Territory in Australia, was incarcerated in an Australian prison for crashing a stolen vehicle.

She “was deemed unfit to stand trial because she has fetal alcohol syndrome disorder (FASD) and the mental age of a young child.”

Although it doesn’t specify if her FASD diagnosis was addressed or not, it makes you wonder about issues of vulnerability those with FASD face when it comes to crime.

According to a FASD online fact sheet, “People with FASD generally have problems understanding abstract concepts such as money or law. Theft of money is different to a person who is able to understand the value of money.”

“This difficulty with abstraction means that many persons with FASD cannot adequately imagine or consider the future. This places them at risk during stages of court processing, such as plea-bargaining, sentencing or a parole hearing, not to mention in their everyday life.

“FASD also increases vulnerability to manipulation and coercion because they want to please those they perceive to be in positions of authority.”

After reviewing the fact sheet and the news source, it indicates how some people with FASD can be easily intimidated by others. It’s unfortunate society takes advantage of those who have FASD looking at them as puppets on a string.

In situations such as Rosie Fulton, it is such a sad reality that she was sent to a prison because the Australian legal system didn’t have a place for her that met her needs. But there are people like the 120,000 who signed a petition to free Fulton that show the support and understanding of FASD.

 

Click here to see a CBC video called “Justice for people with FASD who commit crimes”.

Lives and crimes: Kids who suffer foetal alcohol spectrum disorder

Lives and crimes: Kids who suffer foetal alcohol spectrum disorder

By: Patrick Begley, The Sydney Morning Herald, 16 Feb 2014

Accessed on: 20 Feb 2014

Commentary by: Krystal Glowatski

While this article is focused on FASD in the Australian context, the author does an excellent job of outlining some of the issues FASD presents for clients and professionals in the justice system.

Australian FASD experts have claimed their country is about 20 years behind Canada in the recognition of FASD.  Many justice professionals still are not aware of the disorder or how it impacts the justice system experience.  This is a timely piece, as we are soon hosting a workshop targeted toward helping front-line workers (i.e., justice professionals, social workers, and those who work in community-based organizations) strategize effective ways to work with clients who have FASD and available resources to proceed with this work.

Some of the issues associated with FASD, as outlined in this article are: lack of patience, impulsivity, issues with memory/event recall, and short attention span.  Consequently, this may result in repeatedly breaking the law, lack of understanding action and consequence, false confessions, and the possibility of easy manipulation.

The author of this article points out a number of times that FASD is indeed brain damage – something that doesn’t seem to be expounded on nearly enough in my opinion.  Let me say it again, FASD is a brain injury.  This means that while some people display the physical attributes associated to the disorder (such as small stature, small eyes, a thin top lip, etc.), many individuals with FASD do not present at all.  However, this doesn’t mean they don’t suffer in terms of mental abilities.  If someone is in an accident and suffers an ABI (acquired brain injury), you can see how they may be affected by the injury cognitively and behaviorally.  It is the same with individuals who have FASD – they essentially have a brain injury – it’s just that the brain was injured during prenatal development.

The author also refers to FASD as “the hidden harm.”  In other words, this disorder may often be mistaken for other disorders such as autism or ADD.  I know from speaking with professionals in the field that misdiagnosing FASD is perhaps one of the worst things that could happen to the individual with FASD.  The treatment and practices surrounding FASD are much different than those associated to autism or attention deficit disorders, and could actually be harmful to the individual who has been misdiagnosed.  Furthermore, a misdiagnosis may mean the individual never receives an accurate diagnosis.

Australia has set aside government funds to approach FASD, however, as this article discusses, it’s unclear how they are going to go about using the funds.  Some say there’s too much focus on prevention (something I believe I have stated in previous blog posts on this site), and not enough allocation or attention to those who already have FASD – we cannot forget about these individuals.

While this has been a lengthy post, I really encourage you to read the article itself.  The author, along with the subject matter experts, have done a wonderful job of summarizing the impacts of FASD on the justice system – both for justice professionals and for the clients who are affected by FASD.

Fetal Alcohol Spectrum Disorder experts meet in Saskatoon: Discuss ways to prevent Canadian women from drinking while pregnant

Fetal Alcohol Spectrum Disorder experts meet in Saskatoon: Discuss ways to prevent Canadian women from drinking while pregnant

By: Bre McAdam (News Talk 980 CJME), 20 Jan 2014

Accessed on: 20 Jan 2014

Commentary by: Krystal Glowatski

This week, a two-day meeting in Saskatoon, Saskatchewan was held where FASD experts discussed prevention of FASD in the province.  The experts addressed what has been done in terms of FASD prevention over the past 10 years and worked on a plan for the next decade.

The Canada FASD Research Network estimates that there are 55,708 people in Saskatchewan who might have FASD.  Minister of Social Services, June Draude, states that each of those individuals cost approximately $1.5 million in terms of health care, education, and corrections.  She states that, “…more importantly it has an impact on society as a whole.  The human cost within the family, within the community and within that child.”

Jocelynn Cook, executive director of the Canada FASD Research Network, explained the need to focus on “risky drinking.”  Draude elaborated that there needs to be support for mothers and pregnant women with alcohol addictions, such as detox and providing doctors with the proper information to provide to their patients.

These suggestions come on the heels of recent reports from the Center for Disease Control and Prevention (CDC) that doctors do not often ask their patients about alcohol use.  The CDC states that it’s time for a change, as the risks associated with alcohol consumption can be many and in some cases, severe.  For more on that story visit: http://www.cdc.gov/vitalsigns/alcohol-screening-counseling/

This article supports my commentary from last week, in that there’s often a heavy focus on prevention.  Don’t get me wrong, prevention, if successful, would be the best way to eventually eliminate FASD.  But there are still people in this province – approximately 55,708 people according the Canada FASD Research Network – who may be effected by this disorder and we need to include solutions to these individuals’ plights as well.

Cost of FASD will snowball: Ontario nurses

Cost of FASD will snowball: Ontario nurses

By: Craig Gilbert (London Community News), 14 Jan 2014

Accessed on: 14 Jan 2014

Commentary by: Krystal Glowatski

On Monday, two nurses from the Registered Nurses Association of Ontario (RNAO) presented a case to the Select Committee on Developmental Services, composed of MPPs from all three parties who must put together a report and recommendations for the legislature regarding a comprehensive strategy for children and adults with intellectual disabilities.

The message from the nurses was clear: Prevention is key; if Ontario doesn’t “get out in front of fetal alcohol spectrum disorder (FASD)… we’ll all pay a lot more down the road.”

The nurses made a point to highlight the extent of FASD costs and problems – both problems for the individuals and larger social problems.  They recognized that FASD isn’t only a health issue but also an education and justice issue.  Liberal MPP Soo Wong stepped in to highlight this point by stating, “You might label little Johnny as a behavioural problem when in fact he has a medical condition…  And it’s preventable.  Teachers are not familiar with this term and are therefore not properly supported in the classroom.  It’s not just about the health sector.  It clearly is an education, a justice issue: they intertwine.”

While BC, Alberta, Saskatchewan, and Manitoba have already created comprehensive strategies for dealing with FASD and mental health issues Ontario has yet to do so.  The nurses are calling on the government to set this into motion now.

Currently, FASD Ontario Network of Expertise’s (ONE) website states they are drafting one.

In these projects there is often a heavy focus on prevention.  But what about all of the individuals who have already been diagnosed?  Or worse yet – those who have FASD but don’t even know it.  What should be done about individuals who are in dire need of assessment, diagnosis, and services?

Saskatoon courtroom dedicated to mental health issues Docket deals with psychiatric and cognitive disorders in organized, efficient way

Saskatoon courtroom dedicated to mental health issues Docket deals with psychiatric and cognitive disorders in organized, efficient way

Bre McAdam (November 21st, 2013)(Accessed November 28th, 2013).

Commentary by Shauna Makie 

Saskatoon justice officials have come together to develop a new courtroom in Saskatoon that is dedicated to overseeing offenders living with mental health issues and cognitive disorders. The Mental Health Strategy (MHS) docket will be held twice a month at the Saskatoon Provincial Court for those living with a range of disorders in attempts to respond to the needs of offenders while dealing with the court system. The MHS will be focusing on a holistic approach to connect offenders to appropriate support and supervision services. Val Adamko summarized that the goal is to provide offender specific sentences which should reduce recidivism while promoting better rehabilitation of the offender. Leslie Allen, executive director of Saskatchewan’s Fetal Alcohol Spectrum Disorder (FASD) support network, was also in attendance and stated how the criminal justice system often becomes a revolving door for offenders living with mental illness, and in particular, that those with FASD are more inclined to struggle with decision making and maneuvering through court practices.

The recognition of the challenges faced for those living with FASD and the complexities they face in their engagement with the criminal justice system by justice officials provides hope for those advocating for this particular population of offenders. This new process will provide the courts an opportunity to slow things down and give offenders living with mental health challenges an opportunity to have a fair trial and access to external supports that may not otherwise be in place.

CBC News: Nunavut judge seeks alternative sentence for man with FASD

CBC News: Nunavut judge seeks alternative sentence for man with FASD

This story outlines the brief facts surrounding an individual with FASD and that individual’s involvement in the criminal justice system. Consequently, the judge in this case is seeking an alternative to traditional justice processes to help this offender in terms of treatment.