Suggestibility and confabulation among individuals with Fetal Alcohol Spectrum Disorder: A review for criminal justice, forensic mental health, and legal interviewers

Brown, Jerrod; Asp, Erik; Carter, Megan N.; Spiller, Vanessa; Bishop-Deaton, Deanna

doi:10.1016/j.ijlp.2020.101646

Cited by 8 publications

(10 citation statements)

References 99 publications

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“…Although there are narrative reviews (Brown et al, 2017(Brown et al, , 2020O'Mahony et al, 2012) that outline the theoretical risks faced by those with FASD in the CJS, this is the first attempt to systematically identify empirical studies that investigate these vulnerabilities.…”

Section: Introductionmentioning

confidence: 99%

“…Because there were very few studies that met the criteria, the review was widened to include wider literature that reflects the potential vulnerabilities of the FASD population during CJS encounters. Although there are narrative reviews (Brown et al., 2017, 2020; O’Mahony et al., 2012) that outline the theoretical risks faced by those with FASD in the CJS, this is the first attempt to systematically identify empirical studies that investigate these vulnerabilities.…”

Section: Introductionmentioning

confidence: 99%

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Foetal alcohol spectrum disorder and Investigative interviewing: A systematic review highlighting clinical and legal implications and recommendations

Gilbert

Allely

Mukherjee

et al. 2021

Behavioral Sci & The Law

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Individuals with foetal alcohol spectrum disorders (FASD) are estimated to be 19 times more likely to encounter the criminal justice system (CJS) in comparison to individuals without FASD. During encounters with the CJS, investigative interviews are employed to obtain accurate information from suspects, victims or witnesses of crime. A systematic search using PRISMA guidelines was performed to identify empirical studies published that have explored the questioning of the FASD population within the CJS and the vulnerabilities of FASD-impacted individuals during investigative interviewing. A total of 383 studies were identified from the databases searched and 7 further studies were identified from Google Scholar. After deduplication, abstract and title screening, the full text of 23 studies were assessed for inclusion and 5 were included in the narrative synthesis of results. Two papers were empirical studies focussed on the performance of FASD-impacted individuals during investigative interviewing. Whilst the first study found the FASD population susceptible to suggestions, the second (a case study), identified the ploys employed during investigative interviewing to obtain a confession. Three papers studied the wider vulnerabilities of FASD-impacted individuals and found diminished psycho-legal abilities, increased risk of recidivism and biological, psychological and social factors that

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Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Foetal alcohol spectrum disorder and Investigative interviewing: A systematic review highlighting clinical and legal implications and recommendations

Gilbert

Allely

Mukherjee

et al. 2021

Behavioral Sci & The Law

View full text Add to dashboard Cite

show abstract

“…Social deficiencies often attributed to FASD related impairment may range in verbal, non‐verbal, processing, communication, and gullibility (J. Brown et al., 2020). Other symptoms associated with FASD relate to complications in adaptive functioning or problem‐solving and decision‐making difficulties (Åse et al., 2012; Fjeldsted & Hanlon‐Dearman, 2009; McLachlan et al., 2019).…”

Section: Introductionmentioning

confidence: 99%

“…Individuals who have increased difficulty processing information in stressful situations may be more likely to provide inaccurate or false reports (J. Brown et al., 2020; Leo, 2009). That said, none of these risk factors have proven both necessary and sufficient for the manifestation of confabulation by research.…”

Section: Introductionmentioning

confidence: 99%

“…In some instances, an individual with FASD reporting a crime may confabulate details of a crime in order to end the stress of an interview about their experience, leaving them vulnerable to further victimization (J. Brown et al., 2020). These are all variables for forensic and legal professionals to consider when someone with FASD becomes involved in the criminal justice system or has a history of confabulation.…”

Section: Introductionmentioning

confidence: 99%

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Fetal alcohol spectrum disorder and confabulation in psycholegal settings: A beginner’s guide for criminal justice, forensic mental health, and legal interviewers

Brown

Jonason

Asp

et al. 2021

Behavioral Sci & The Law

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Fetal alcohol spectrum disorders (FASD) are neurodevelopmental/neurobehavioral conditions caused by prenatal alcohol exposure (PAE). Impairments caused by PAE contribute to the over‐representation of individuals with FASD in the United States juvenile and adult criminal justice systems. These same impairments can equally impact on individuals with FASD who are witnesses to or victims of crime who also have to navigate the complexities of the criminal justice system. Difficulties include increased susceptibility to confabulation throughout the legal process that, in turn, can contribute to increased rates of poor outcomes including false confessions and wrongful convictions. Individuals with FASD are particularity at risk of confabulation when they are subjected to tactics, such as stressful and anxiety‐provoking situations, threats, and leading, suggestive, or coercive questioning. Many professionals in the forensic context are unfamiliar with FASD or related confabulation risk and may unintentionally utilize tactics that intensify impacts of pre‐existing impairment. This article serves as a beginner’s guide for professionals working in criminal justice settings by (a) providing research‐based overviews of FASD and confabulation, (b) describing how FASD may lead to confabulation, and (c) suggesting ways that professionals can modify protocols when interacting with individuals with FASD. Suggestions in this article hold the potential to decrease the risk of confabulation in the criminal justice system and decrease problematic outcomes, such as false confessions and wrongful convictions among individuals with FASD.

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Immediate and repeat interrogative suggestibility in a sample of adolescents with fetal alcohol spectrum disorder

Gilbert,

Allely,

Gudjonsson

et al. 2023

Diversity & Inclusion Research

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Individuals with fetal alcohol spectrum disorders (FASD) are more likely to be involved with the criminal justice system (CJS) than neurotypical individuals. Interrogative suggestibility is theorised to be a weakness in this population; this is the first experimental evidence of interrogative suggestibility in adolescents with FASD. Fifty‐two participants (aged 11–16 years) completed the Gudjonsson Suggestibility Scale immediately and after 1 week; the Wechsler Intelligence Scale for Children; and the Behavioural Rating of Executive Function. Compared to the control group, individuals with FASD were more vulnerable to leading questions, negative feedback and evidenced significantly higher suggestibility, immediately and after 1 week. A significant correlation was found between immediate and repeat suggestibility at 1‐week follow‐up. Poorer memory recall, lower intelligence quotient and higher impulsivity were also observed in the FASD population. The results indicate the importance for the CJS to establish whether suspects, witnesses, and victims of crimes may have been impacted by prenatal alcohol exposure since this is a significant source of vulnerability that could lead to false confessions or miscarriage of justice.

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Suggestibility and confabulation among individuals with Fetal Alcohol Spectrum Disorder: A review for criminal justice, forensic mental health, and legal interviewers

Cited by 8 publications

References 99 publications

Foetal alcohol spectrum disorder and Investigative interviewing: A systematic review highlighting clinical and legal implications and recommendations

Foetal alcohol spectrum disorder and Investigative interviewing: A systematic review highlighting clinical and legal implications and recommendations

Fetal alcohol spectrum disorder and confabulation in psycholegal settings: A beginner’s guide for criminal justice, forensic mental health, and legal interviewers

Immediate and repeat interrogative suggestibility in a sample of adolescents with fetal alcohol spectrum disorder

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