Understanding the Neurobehavioral Deficits and Psycholegal Capacities of Individuals with FASD in the Criminal Justice System

It has been well-documented that individuals with FASD are over-represented in the criminal justice system. Individuals with FASD display a variety of cognitive impairments (particularly in the areas of executive functioning and memory) that likely contribute to poor functional and adaptive outcomes, and ultimately legal issues. Unfortunately, these deficits may also impact their ability to competently navigate legal adjudication. Legal experts have questioned whether justice-involved individuals with FASD experience difficulties understanding and appreciating their legal rights and the nature of adjudication from arrest and interrogation through the criminal trial process. The following chapter provides a summary of both common neurobehavioral deficits observed in individuals with FASD, as well as the manner in which they may interact to impair legal capacities relevant to adjudication.