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Fetal Alcohol Spectrum Disorder (FASD) and Competency to Stand Trial (CST): A Call on Forensic Evaluators to Become Informed

J. Brown,Megan N. Carter,Jeffrey Haun,Judge Anthony Wartnik,Patricia A. Zapf

Published 2019 in Journal of Forensic Psychology Research and Practice

ABSTRACT

ABSTRACT Fetal Alcohol Spectrum Disorder affects an estimated 3–5% of the population and results in numerous functional deficits in cognitive, social, and adaptive skills. Additionally, it is estimated that 60% of those who have FASD will become involved in the criminal justice system at some point in their life. Given the high percentage of those with FASD who become involved in the criminal justice system and the significant functional deficits that they experience, it is essential that forensic evaluators become familiar with FASD. It is also important that evaluators are familiar with how this disorder may impair an individual’s ability to participate adequately in the criminal justice system, including competency to stand trial. This article will provide some basic information about the need for forensic evaluators, and those who may refer defendants to forensic evaluators (e.g., attorneys, social workers, jail mental health staff), to become informed about FASD in order to conduct thorough and complete evaluations of competence to stand trial. Because little research has been completed on this issue, information presented in this article is based on literature review and clinical experiences. Basic information about the symptoms of FASD that impact competence to stand trial (CST) as well as proposed techniques for conducting a thorough assessment of CST when relevant FASD symptoms are present will be discussed. Finally, recommendations for training forensic mental health professionals about FASD and its potential impact on a defendant’s competency-related abilities are offered and suggestions for future research are presented.

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