Tag Archives: legal 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”.

Just released: The international charter on prevention of fetal alcohol spectrum disorder

Just released: The international charter on prevention of fetal alcohol spectrum disorder

Accessed on: 27 Feb 2014

Commentary by: Krystal Glowatski

While this isn’t a news article – this is ‘FASD in the News’ at it’s best!  Just released yesterday is the International Charter on Prevention of Fetal Alcohol Spectrum Disorder.  If you have any interest at all in FASD, I urge you to read this short article.  It highlights every point and argument I can think of surrounding FASD.

Since I can’t say it better, I’m going to provide you with a few of my favourite lines and leave the rest up to you:

 

“Fetal alcohol spectrum disorder is a serious health and social problem, as well as an educational and legal issue, which affects individuals, families, and societies worldwide.”

“Although maternal alcohol consumption during pregnancy is the direct cause of fetal alcohol spectrum disorder, many underlying causes exist for drinking during pregnancy.”

“The perception that fetal alcohol spectrum disorder is affected only by a woman’s choices is a major barrier to effective prevention efforts. Men also have a responsibility.”

“Although public knowledge of fetal alcohol spectrum disorder is high in some countries, it is very low worldwide.”

“Informative materials about fetal alcohol spectrum disorder in regionally-specific languages, and that are relevant to local cultures and systems, are needed.”

 

If this doesn’t get your interest, I don’t know what will.  Please – read, comment, share!  This is a very exciting moment in the world of FASD research and practice.

FASD and Legal Issues Conference – Sept 18-20 (Edmonton)

Consensus Development Conference on Legal Issues of FASD

This conference is a three-day juried hearing of evidence and scientific findings that allows for the engagement and collaboration of citizens and decision makers in government and the justice system in addressing a specific set of key questions on legal issues related to FASD. Jury Chair: The Honorable Ian Binnie, Former Justice of the Supreme Court of Canada. See website for full details.

Questions to be addressed at this conference:

1. What are the implications of FASD for the legal system?

2. Is there a need for enhanced efforts to identify people with FASD, and how can these efforts be achieved?

3. How can the criminal justice system respond more effectively to those with FASD?

4. How can family courts and the family/child welfare legal system address the specific needs of people with FASD?

5. What are the best practices for guardianship, trusteeship and social support in a legal context?

6. What legal measures are there in different jurisdictions to contribute to the prevention of FASD, and what are the ethical and economic implications of these measures?