ABSTRACT
This chapter introduces FASD, including the history of FASD and its emergence in Australia and other settler states such as New Zealand, Canada, and the US (‘CANZUS societies’), and the primary and contributory outcomes of FASD. This chapter outlines research on the susceptibility of people with FASD to the criminal justice system and, using case examples, examines how the impairments associated with FASD are relevant to each stage of the criminal justice process – from arrest, bail, and parole, to participating in police interviews and instructing lawyers, to understanding the court process, the availability of certain defences, sentencing, complying with court orders, accessing appropriate treatment and management if imprisoned. In doing so, this chapter highlights the oral language difficulties experienced by people with FASD that create particular vulnerabilities throughout the legal process.
