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DrugScreening.org


 
Researchers Look at How Justice System Confronts FAS
April 7, 2005

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Research Summary

Children born with fetal alcohol spectrum disorders -- including fetal alcohol syndrome (FAS) and fetal alcohol effect (FAE) -- have behavioral problems and are highly susceptible to suggestion, putting them at high risk of running afoul of the criminal justice system. Now, researchers in Washington are hoping to better equip police, prosecutors, and prisons to recognize and help people with these disorders, the Seattle Post-Intelligencer reported April 5.

People with fetal-alcohol syndrome have been known to confess to crimes they did not commit; on the other hand, diseases like FAS and FAE also cause impulsiveness, which can cause the afflicted to commit crimes for no apparent reason.

Under a project funded by the Substance Abuse and Mental Health Services Administration, prosecutors, defense attorneys, judges, mental-health professionals, and others are working together to educate people in the criminal-justice system about the disorder. They also are arguing in favor of treatment and rehabilitation rather than jail for FAS- or FAE-afflicted offenders.

"Unless we understand what their needs are and learn how to meet them, we're going to be operating on a hit-and-miss basis," said former King County Superior Court Judge Anthony Wartnik. "We've never really tackled the side we're looking at now."

Police are being urged not to ask leading questions that could generate a false confession; defense attorneys are being educated about the disease so they can recognize cases where FAS or FAE may have been a mitigating factor in crimes.

Moreover, those on probation or parole may need more reminders about fulfilling their obligations than other offenders, experts say.

"We want to use the initial criminal act to build a network of support around the person," said Ann Streissguth of the University of Washington. "Incarcerating them alone is not going to prevent them from doing the same thing over again."

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