Abstract

http://ssrn.com/abstract=1670551
 


 



The Sentencing Response to Defendants with Foetal Alcohol Spectrum Disorder


Heather Douglas


The University of Queensland - TC Beirne School of Law

August 2, 2010

Criminal Law Journal, Vol. 34, pp. 221-239, 2010
University of Queensland TC Beirne School of Law Research Paper No. 10-20

Abstract:     
This article explores the sentencing response to defendants who have Foetal Alcohol Spectrum Disorder (FASD). FASD is the umbrella term for a range of effects that result from exposure to maternal alcohol consumption during gestation. Many who have this disorder have difficulty linking their actions to consequences, controlling impulses and remembering things and thus a diagnosis of FASD raises particular issues in sentencing. This article overviews the effects of FASD and the difficulties associated with its diagnosis. It then goes on to examine the appropriate aims of sentencing in FASD cases and addresses the question of whether, and if so in what circumstances, FASD should be perceived as a mitigating factor. The article concludes with a discussion of appropriate penalties for defendants who are diagnosed with FASD and makes some recommendations for increased education about the condition and increased access to resources for diagnosis and response to defendants diagnosed with FASD within the criminal justice system.

Number of Pages in PDF File: 1

Keywords: foetal alcohol spectrum disorder, foetal damage, maternal alcohol consumption, criminal justice

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Date posted: September 3, 2010  

Suggested Citation

Douglas, Heather, The Sentencing Response to Defendants with Foetal Alcohol Spectrum Disorder (August 2, 2010). Criminal Law Journal, Vol. 34, pp. 221-239, 2010 ; University of Queensland TC Beirne School of Law Research Paper No. 10-20. Available at SSRN: http://ssrn.com/abstract=1670551

Contact Information

Heather Douglas (Contact Author)
The University of Queensland - TC Beirne School of Law ( email )
The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia
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