FASD in the Court System
©2002 Teresa Kellerman
Many individuals with Fetal Alcohol Spectrum Disorders (FASD) have
been in trouble with the law, as indicated by research and as families
learn from experience. Ann Streissguth's recent long-term study
of secondary disabilities reveals that of the 415 individuals with
FASD who completed the study, 60% of the adolescents and adults
have been in trouble with the law for various crimes, ranging from
shoplifting to domestic violence.
Trouble with abusing alcohol and other drugs is another common
problem in this group of individuals. In the same study, Streissguth's
research indicates that 50% of the men and 70% of the women with
FASD have problems with alcohol or other drugs.
There is an overlap with these two groups. Of those who get into
trouble with the law, 80% have problems with alcohol/drug abuse.
The reasons might be more easily understood when one learns more
about the brain dysfunction that is apparent in individuals with
FASD. More often than not, an individual with FASD will eventually
be challenged with navigating the court system, either in the criminal
courts or the drug courts.
Here is a real life example of how easily a child with FASD
can get into the criminal injustice system: A teen with FASD was
arrested at school under the new anti-terrorism law for answering
a question on a test. The question (an extra credit one) was, "What
would you like to change about the school?" His answer was, "Blow
it up." He was taken to jail immediately. This is a boy whom the
school district knows has FASD. The principal told the mother that
he has 3 A's on his report card, so he must know right from wrong.
Two more true story can be found here: Expelled and Suspended
Below are links to documents that might be helpful to parents,
lawyers, probation officers, and judges. These are intended not
to make FAS or FASD an excuse, but to offer FAS or FASD as an explanation
of why these individuals do what they do (make the same mistakes
over and over, without learning from the consequences of their actions).
Some documents are in MS Word format, others are web pages. All
can be printed and shared with court system professionals and families
in the interest of assisting in formulating a program that will
maximize success for the individual, with the goal of keeping the
person out of the court system and functioning in the social environment
without jeopardizing the safety of themselves or others.
The following web sites have information related to FAS and Crime:
Trainings, presentations, and workshops on Fetal Alcohol Syndrome
and the court system are available:
Last update: October 10, 2005Return to the FAS Community Resource Center