This research provides an updated review of the intersection between Fetal Alcohol Spectrum Disorder (FASD) and the criminal legal system (CLS), highlighting the growing body of evidence on the challenges and needs of individuals with FASD who encounter the legal system. The study builds on previous reviews by examining 54 studies published between 2017 and 2024, more than double the number of studies included in a 2018 review. While research has expanded, significant gaps remain, including a lack of intervention studies, long-term outcome tracking, and CLS professional training on FASD.
Key Points from the Research
1. Growing Evidence & Awareness – Research on FASD in the criminal legal system (CLS) has more than doubled since 2018, highlighting the unique challenges individuals with FASD face.
2. Overrepresentation in the CLS – People with FASD are disproportionately involved in the justice system, with up to 36% of detained youth and 46% of forensic mental health patients diagnosed with FASD.
3. Contributing Factors – Impulse control difficulties, early trauma, child welfare involvement, and lack of structured support increase CLS interactions. Misunderstanding of FASD by legal professionals worsens outcomes.
4. Barriers to Support – Many individuals remain undiagnosed, risk assessment tools are ineffective for FASD, and legal professionals often misinterpret behaviors as intentional defiance.
5. Need for FASD-Informed Approaches – Improved screening, training, and community-based interventions can prevent unnecessary incarceration and improve legal outcomes for individuals with FASD.
Why This Matters
Individuals with FASD can face criminalization rather than support. Increased awareness, improved legal policies, and community programs can change this by focusing on care instead of punishment. By promoting early intervention, FASD-informed legal training, and diversion programs, communities can enhance justice and improve long-term outcomes for those with FASD.