Perceptions of FASD by United States District Attorneys

Abstract

Purpose

The majority of individuals diagnosed with fetal alcohol spectrum disorder (FASD) will become involved with the criminal justice system during their lifetime. Due to the signs and symptoms of their illness, the psycholegal impairments presented by such alleged offenders pose unique challenges for the attorneys tasked with prosecuting their crimes. That said, little is known about the training and courtroom background of district attorneys with this population. The paper aims to discuss these issues.

Design/methodology/approach

A web-based survey was developed to investigate the knowledge bases and legal experiences of US District Attorneys concerning FASD, and to compare these across sexes, legal experience levels, as well as geographical regions. The survey was distributed electronically to all US District Attorneys following the Dillman Total Design Method. Surveys were completed by 216 respondents (men, n=166; women, n=50; Northeast, n=32; South, n=102; Midwest, n=36; West, n=46) with an average of 25.03 years (SD=10.71) of legal experience.

Findings

Participants displayed variable levels of knowledge concerning the signs and symptoms of FASD and underestimated how often persons with FASD become involved in the criminal justice system. The majority of participants had never received training on the psycholegal impairments of individuals diagnosed with FASD and reported that they would benefit from a Continuing Legal Education course on the subject. Participants also reported that they would benefit from seeing the findings of an FASD screening tool in daily practice.

Originality/value

First survey of legal professionals’ perceptions of FASD.

Citation

Brown, J., Helmstetter, D., Harr, D. and Singh, J. (2016), "Perceptions of FASD by United States District Attorneys", Journal of Intellectual Disabilities and Offending Behaviour, Vol. 7 No. 4, pp. 195-201. https://doi.org/10.1108/JIDOB-04-2016-0005