The Justice System and FASD

Overrepresented and often misunderstood, adverse outcomes such as justice system involvement have been a dominant storyline in the FASD literature; this is neither an inevitable outcome, nor one that will impact all individuals with FASD. Increased understanding of the mechanisms that influence development, behavior, and action should inform our recognition and response to this population in order to reduce intersections with the justice system. Additionally, an FASD-informed response within the system may help avoid cumulative impacts often reported once individuals with FASD become engaged within the system. In this chapter, we provide a synthesizing review of the vulnerabilities that exist for individuals with fetal alcohol spectrum disorder (FASD) and their involvement with the criminal justice system. We consider strategies for mitigating criminal justice system involvement and the commission of crimes and provide suggestions for a reasoned, compassionate, and evidence-informed approaches for effectively responding to both offending and associated underlying risk factors and needs among those with FASD. Overall, the intent of this chapter is to increase public awareness and facilitate action from policy developers, clinicians, legal, justice, and correctional personnel, and forensic professionals in order to inform improved prevention and response, ultimately supporting better individual and societal outcomes.