Unfitness to stand trial and fetal alcohol spectrum disorder: Understanding and responding to FASD within the criminal justice system in New Zealand

Warren Brookbanks; Valerie McGinn; Joanna Ting Wai Chu

doi:10.1002/bsl.2555

Unfitness to stand trial and fetal alcohol spectrum disorder: Understanding and responding to FASD within the criminal justice system in New Zealand

Behav Sci Law. 2022 Feb;40(1):159-169. doi: 10.1002/bsl.2555. Epub 2021 Dec 15.

Authors

Warren Brookbanks¹, Valerie McGinn², Joanna Ting Wai Chu³

Affiliations

¹ Auckland University of Technology, Auckland, New Zealand.
² FASD Centre Aotearoa, Auckland, New Zealand.
³ The National Institute for Health Innovation, School of Population Health, The University of Auckland, Auckland, New Zealand.

PMID: 34914133
DOI: 10.1002/bsl.2555

Abstract

Fetal alcohol spectrum disorder (FASD) is an increasingly important issue in the New Zealand (NZ) Criminal Justice System (CJS). FASD may impact an offender's ability to participate meaningfully in the trial process, giving rise to the issue of unfitness to stand trial. Capacity to apprehend, comprehend, participate in, make decisions about and communicate within legal process intersect with the complexity and severity of charges. Courts are required to make a nuanced analysis of multiple and complex factors, merging medical and legal expertise into decisions made. We explore the nature of FASD and its implications for criminal justice in NZ. The legal and clinical issues in relation to fitness and FASD will be discussed.

Keywords: criminal justice; fetal alcohol spectrum disorder; neurodisability; offending; trial competence.

MeSH terms

Criminal Law
Female
Fetal Alcohol Spectrum Disorders*
Humans
New Zealand
Pregnancy