The Importance of Foetal Alcohol Spectrum Disorder for Criminal Law in Practice: Views of Queensland Lawyers

Queensland Lawyer, 32 3: 153-164

Posted: 25 Jun 2015 Last revised: 29 Apr 2016

See all articles by Heather Douglas

Heather Douglas

The University of Queensland - TC Beirne School of Law

Janet Hammill

The University of Queensland - T.C. Beirne School of Law

Elizabeth Russell

Russell Family Fetal Alcohol Disorders Association (RFFADA)

Wayne Hall

University of Queensland

Date Written: 2012

Abstract

Foetal alcohol spectrum disorder, or FASD, refers to a range of conditions resulting from pre-natal exposure to maternal drinking. Various cognitive and physical impairments are associated with a diagnosis of FASD. The impairments associated with FASD have implications for the way that lawyers take instructions from defendants and witnesses, for framing arguments and submissions on criminal responsibility and defences, suggesting appropriate bail conditions and for submissions on sentence. International research suggests that about two per cent of the population have FASD and around 60% of those with FASD come into contact with the criminal justice system. This article reports on a survey of Queensland lawyers about their understanding of FASD and how they deal with FASD in their legal work.

JEL Classification: k00

Suggested Citation

Douglas, Heather and Hammill, Janet and Russell, Elizabeth and Hall, Wayne, The Importance of Foetal Alcohol Spectrum Disorder for Criminal Law in Practice: Views of Queensland Lawyers (2012). Queensland Lawyer, 32 3: 153-164, Available at SSRN: https://ssrn.com/abstract=2622862

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

Janet Hammill

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Elizabeth Russell

Russell Family Fetal Alcohol Disorders Association (RFFADA)

PO Box 6795
Cairns, Queensland
Australia

Wayne Hall

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

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