FASD and Justice: An Historical Perspective

Abstract

Alcohol has been widely used in societies for thousands of years so it is not surprising that issues surrounding alcohol have challenged public policy and the legal system for many years. But the interplay between pregnancy, alcohol and the law has only come to the forefront in recent years following the recognition of the existence of the fetal alcohol syndrome (FAS) and fetal alcohol spectrum disorders (FASD) less than a half century ago. In the context of prevention, some communities have enacted ordinances requiring the placing of warning signs informing the public of the risks of drinking in pregnancy at locations associated with alcohol use. A more formidable issue stems from the observation that FASD individuals are over-represented in all court systems as defendants and victims. The review of criminal cases involving an FASD have been few to date, but even that experience illuminates the challenges that lie ahead in addressing the impact of FASD associated intellectual impairments for achieving appropriate justice. There is a need for statutes directly addressing FASD issues within the society and a model is put forth to aid communities in achieving fair and just outcomes.