Experiences in the Canadian Criminal Justice System for Individuals with Fetal Alcohol Spectrum Disorders: Double Jeopardy?

Abstract

The study explored the experiences of individuals in the criminal justice system with a Fetal alcohol spectrum disorder (FASD) in order to identify possible ways to reduce the likelihood of re-entry into the criminal justice system. Semi-structured interviews were conducted to capture the voices of two participant groups: (1) individuals with an FASD, and (2) professionals who work with clients with an FASD. Qualitative research methods were used to analyse the data. Analysis of 20 interviews (n = 21) yielded three major themes: (1) primed to enter the system, (2) hindered within the system, and (3) strengthened to move beyond the system. Participants identified biological (e.g., poor decision-making abilities and inability to self-advocate), psychological (e.g., mental health issues and victimization), and social factors (e.g., limited social support) that increased risk of re-entry into the criminal justice system. Participants also identified strengths (e.g., hope, willingness to change, and resilience) that could assist with more positive outcomes. The study provides insight into the unique experiences of individuals in the criminal justice system with an FASD – with reference to both risk factors and relevant personal strengths. Implications for practice are discussed, including suggestions for increasing support, awareness, and a focus on strengths.

An evaluation of the predictive validity of the SAVRY and YLS/CMI in justice-involved youth with fetal alcohol spectrum disorder.

“…Despite youth with FASD having fewer protective factors relative to youth in the comparison group (e.g., strong social support, strong commitment toward school, and resilient personality traits), the large association between the Protective Factors domain and desistance underscores the need to identify and bolster protective factors for this population. Our findings compliment an emerging literature emphasizing the key role of protective factors, resiliency, and strengths for offenders with FASD in the criminal justice system (Pei, Leung, Jampolsky, & Alsbury, 2016;Rogers, McLachlan, & Roesch, 2013), as well as research linking protective factors such as early assessment, diagnosis, and intervention with more positive outcomes (Streissguth et al, 2004).…”

Difficulties in Daily Living Experienced by Adolescents, Transition‐Aged Youth, and Adults With Fetal Alcohol Spectrum Disorder

“…In the absence of appropriate supports, these everyday problems in communication, daily living skills, and socialization can contribute to adverse outcomes (Ali et al, 2018;Astley, 2004;Jirikowic et al, 2008;Sakano et al, 2019;Temple et al, 2011). Though the field has traditionally adopted a deficit-focused model of disability, people with FASD also have a range of strengths and resiliencies that can be leveraged to support successes in their everyday lives (Currie et al, 2016;Pei et al, 2016;Rogers et al, 2013). FASD is a heterogeneous disability, with substantial variability between and within individuals (e.g., Ali et al 2018).…”

Fetal Alcohol Spectrum Disorder and the Criminal Justice System: A Research Summay

“…Pei and colleagues (2016) 36 explored the perspectives of another group of Canadian justice-involved adults with FASD and service providers experienced in working with this group. Participants discussed factors that influenced CJS involvement, including biological (e.g., cognitive deficits), psychological (e.g., mental illness), and social factors (e.g., early trauma).…”