Canada FASD Research Netwoerk

In a recent study of young offenders with FASD, psycholegal abilities (i.e., their understanding and appreciation of legal jargon, factual knowledge of criminal procedure, the nature and object of the proceedings, and the ability to participate in a defence and communicate with counsel) were significantly deficient in the majority of participants (90%) compared to young offenders without FASD.

This combination of individual, professional, and systemic factors converge to result in a disproportionate number of youth with FASD being incarcerated. In fact, youth with FASD have been found to be 10-19 times more likely to be incarcerated than youth without FASD.

Recommendations

Expand the scope of FASD knowledge through training for those working in the justice system.

• Foster proactive approaches to supporting people with FASD that reduce or eliminate the likelihood that they will come into conflict with the law, and which enable them to access the justice system equitably, with accommodations appropriate for their disability.
• Increase legal education and training of FASD for members of the criminal justice system, including probation officers, court workers, lawyers and judges. Police officers are often interested in receiving more information about FASD, but it must be delivered in a manner relevant to their frontline experiences. These resources must be developed collaboratively to ensure trainings are most effective.
• Post local FASD resources including diagnosis and mentoring programs. Make these resources visible to workers and clients alike.

Increase court supports for families and individuals with FASD.

• Implement or expand court worker programs that assist individuals as they navigate the court system. These mentors can assist individuals to remember important dates or requirements relative to their case. These individuals could be also be trained to work with a wide-range of clients, including those with other cognitive disabilities.
• Provide specific support for caregivers and parents within existing social service and community networks that can assist them and their child as they navigate the criminal justice system. For example, biological parents may struggle with their own issues (e.g., abuse, criminal behaviour), while foster/adoptive parents may not understand how their child’s neurocognitive impairments can result in criminal activity.

Introduce interventions that are coordinated by a community mentor

• Provide targeted support and resources for individuals with FASD who have been in contact with the criminal justice system.
• Mentorship programs (both institutional and community-based), family therapy (specific support focused on re-entering the community), and professional aftercare and intensive case management (ranging from work with health care practitioners to group home operators and case workers) have been suggested to maximize success and reduce the likelihood of recidivism for individuals with FASD.

Encourage expanded use of diversion, conferencing, therapeutic courts, community courts, and FASD-informed sentencing practices

• Develop FASD-informed practices that recognize the various limitations and concerns that could compromise a fair trial. Alternatives to incarceration can include conditional sentences, diversion or sentencing circles (i.e., community-directed process to develop consensus on appropriate sentencing plans). Additionally, therapeutic or community court models focus on the individual, the importance of community supports and appropriate conditions or sanctions that meet a person where they are. These must be explored in situations involving individuals with FASD, and be delivered in ways that are informed by the needs and concerns of those who live with this disability. Encourage sentences for individuals with FASD aimed at improving or changing living and social situations, instead of behaviour
• Promote collaborative approaches to case management, which account for the multi-disciplinary and multi-sectoral support needs of people who live with FASD.

https://canfasd.ca/wp-content/uploads/2017/02/FASD-and-the-Criminal-Justice-System.pdf