When Someone with an FASD

is Arrested:
What You Need to Know
Paul Connor, Ph.D.
Private Practice Des Moines, WA
Fetal Alcohol and Drug Unit, University of Washington
paul@connornp.com
www.connornp.com
www.FASDExperts.com
NOFAS Webinar Series
April 15, 2015

Prevalence of FASD Around the World

General Populations
Seattle: 1/100 (FAS and ARND)
Russia: 7.9/100 (FAS only)
South Africa: 4.6/100 (FAS only)

US and Western Europe Estimate for FASD 2-5%

Sampson, et al., Teratology, 1997

Riley et al., ACER, 2003
May et al., Am J Public Health, 2000
May et al., Dev Dis Res Rev 2009

PREVALENCE
Why Is FASD Relevant in a Forensic Context?
Secondary Disabilities
100

Ages 6 - 51

Ages 21 - 51

90
80
70

60
50
40
30
20
10
Mental Health
Problems

Trouble With
the Law

Disrupted School
Experience

Inappropriate Sexual
Behavior

Confinement

Dependent
Living

Alcohol & Drug

Problems

Problems with
Employment

Ages 6-51 (n=408-415)

Ages 21-51 (n=89-90)

Lifespan Prevalence of Secondary Disabilities & Sequelae

FAS/FAE ages 1251 yrs (n=253)

Trouble with the Law

60%

Arrested

44%

Charged

41%

Convicted

30%

Lifespan Prevalence of

Types of Trouble with The Law

FAS/FAE ages 1251 yrs (n=253)

Persons (not sex-related)

Property
Possession / selling
Persons (sex-related * )
Driving violations
Legal system processes
Other (runaway, lying to police, etc.)

45%
24%
19%
14%
10%
10%
6%

* Rape, molestation, incest, prostitution

Prevalence of FASD in Forensic Settings

Juvenile Justice:
23% (FAS and ARND)
Youth Probation
~4.5% diagnosed with FASD
26% identified to be at risk but not formally diagnosed at that
time
Adult Prison
Incidence of FASD in Canadian prison was 10x higher than
in general population.
Fast, Conry, Loock, 1999
Canadian DOJ, 2005
MacPherson, 2007

Why is FASD
Relevant in Court?

FASD = brain damage that may affect executive

functioning

Executive functioning = judgment, decision

making, impulse control

Judgment, decision making, impulse control

impact all aspects of behavior in the legal
context

SUGGESTIBILITY

COMPARISON OF FASD FORENSIC, FASD

NON-FORENSIC AND US CONTROLS
Forensic
FASD Sample
(n=7) Mean/SD

Trowbridge NonForensic
FASD Sample
(n = 8) Mean/SD

Trowbridge
Controls
(n =72)
Mean/SD

Immediate Recall

7.8/6.6

10.8/4.7

18.9/5.2

Delayed Recall

6.1/5.3

---

---

Yield 1

7.9/4.2

7.0/2.7

3.4/2.5

Yield 2

9.3/2.0

---

---

Shift

9.9/3.2

8.5/3.6

4.0/3.2

Total Suggestibility

17.7/4.9

15.5/5.2

7.4/5.1

GSS2 Subscale

Neuropsychological Assessment:

Important for documenting pattern of strengths

and weaknesses
Establishing the basis for an ultimate diagnosis
Discussing how the impairments can impact the
persons daily life

BUT

Forensic Assessment Must

Address The Nexus
(i.e. Link FASD to Offense Conduct):
prenatal exposure

brain damage in fetus

lifelong cognitive-behavioral deficits

specific deficits in judgment, decision-making, cause-andeffect awareness, and impulse control

instant offense behavior

NEXUS
How did Clients FASD affect his behavior
during the instant offense?
A PRIORI:
Impulsive, illogical offense behaviors that
dont make sense.

What To Do if Someone with

FASD Gets In Trouble with the
Law:

The Attorney

Finding an attorney familiar with FASD

Several around the country

OR
Finding an attorney willing to learn about FASD

An attorney familiar with FASD and can

recommend colleagues in other parts of the country

http://www.fasdcenter.samhsa.gov/

Wallet Cards

Juneau Police were informed about

the cards and were receptive

If No Formal Diagnosis

Get a formal assessment that involves at least

Neuropsychological Assessment that is
focused on tests sensitive to impacts of prenatal
alcohol exposure.
Medical

Assessment that measures physical

features, takes into account other possible etiologies

and renders formal medical diagnosis
Historical/Psychosocial

Assessment that

assesses behavior history consistent with FASD and

establishes the NEXUS between the diagnosis and
the criminal behaviors
www.FASDExperts.com

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If There Has Been a Diagnosis

Get all the records about the diagnosis

If no recent neuropsychological evaluation

Consider updated testing

Find a psychologist who can address the Nexus.

The Important Message:

FASD doesnt excuse Clients behavior, it explains

his/her behavior in the context of his brain
damage.

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However

FASD should be considered as a mitigating factor

Alternatives to incarcerations should be considered

MH or Drug Courts
Court ordered MH/Substance treatment programs
Half way houses
Group homes
Electronic monitoring
DDA involvement
24/7 line of sight monitoring

Resources

NOFAS www.nofas.org/criminal-justice
American Bar Association www.americanbar.org (search
FASD)
MOFAS www.mofas.org
UW FADU Legal Issues Resources http://depts.washington.edu/fadu/resources/fas-and-the-law
Forensic Diagnosis

FASDExperts (team I work with) www.FASDExperts.com

Dr. Ira Chasnoff (IL)- http://www.childrensresearchtriangle.org/ira-jchasnoff-president/
Dr. George Woods (CA) - marcie@georgewoodsmd.com

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Resources

Referrals to attorneys in your area

Contact Kay Kelly faslaw@hotmail.com at UWs
Fetal Alcohol and Drug Unit
Contact members of diagnostic teams to get names
of attorneys that they have worked with on prior
cases
Contact attorneys who themselves are experts on
FASD for recommendations

William Edwards (CA) WEdwards@pubdef.lacounty.gov

Karen Steele (OR) kasteele@karenasteele.com

Check NOFAS.org resources page for providers in

your state

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