Training and Information for Attorneys
Information Packet
The following links will create a brief informational packet of documents for you to print or download and give to an attorney or related legal services provider who has encountered or may encounter a child or adult with an FASD.
- Cover Page
- FASD: What the Justice System Should Know About Affected Individuals
- What is FASD?
- Understanding Behaviors of Fetal Alcohol Spectrum Disorders (FASD)
- Differences Between FASD & Autism
- FASD & the Criminal Justice System
FASD-Informed Certificate
Spend 2 hours reading and viewing the resources on this page. Then take a short quiz and obtain your certificate. Coming soon!!
Issues
- Although common among people in trouble with the law, FASD is unknown to most attorneys
- Lack of training for attorneys in FASD masks real problems in attorney-client communication
- Social and political attitudes toward alcohol interfere with recognition of the condition as serious or real
- Our system of justice – which is heavy on punishment – is not effective with people with FASD who are unable to learn from mistakes
- People with FASD are suggestible and make very poor informants as witnesses or defendants
- Most people with FASD are undiagnosed and do not have access to their medical records
- People with FASD often plead guilty just to please their attorney or to make an unpleasant situation go away
- People with FASD may have difficulty understanding abstract legal concepts like “guilt” or “innocence” or “rights” but they may be able to use the words correctly
- People with FASD may have few family members or friends to support them through the legal process
- People with FASD may appear to lack remorse due to lack of cause and effect thinking
- People with FASD may appear uncooperative or uncaring and may not be able to effectively assist their attorney with their defense
- People with FASD often have repeated crimes which can look like a career criminal but are due to their inability to understand the connection between their action and the crime they were charged with so they are unable to avoid repeating the same mistakes
Resources
How you can screen for FASD in your clients
American Bar Association Resolution on FASD
FASD – Implications for Juvenile and Family Court Judges
Book: Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Lawyers
Sentencing Neurocognitive Offenders in Canada
FASD As a Mitigating Factor is Now Law in Alaska
FASD and the Juvenile Justice System: A Need for Increased Awareness
Websites with Resources on FASD and the Criminal Justice System:
- FASD and the Criminal Justice System
- Center for FASD Justice & Equity
- MCFARES – Equal Justice and FASD
- FASD and the Justice System – Canada
PDFs and Articles
The Criminal Defense Attorney’s Fiduciary Duty to Clients with Mental Disabilities
FASD Guidebook for Police Officers (36 page manual available for download – contains excellent suggestions for accommodating clients with FASD (see pages 19-22)
Representing Clients with Mental Health and/or Cognitive Impairments in Treatment Courts – Michael L. Perlin, Esq
ABA “PREP” program – Clients with Diminished Capacity
For caregivers: FASD: You and Your Child’s Lawyer – David Boulding
Mistakes I have made with FAS Clients – David Boulding
FASD and the Role of Family Court Judges – Diane Malbin
Individuals with FASD and the Courts – What Social Workers Need to Know
