When a relative or close friend is pregnant and refuses your constant pleas to quit drinking and then goes on to have an FAS baby and the family is so outraged that they need to take a recourse of action (some small remedy), court may be the only way to punish the drinking mom - especially if she is pregnant again.
The family is smart but one of them is content to be the ass in the family, the drinking pregnant one, you can take it to court. But the court needs some real convincing. Here are a few helpful tips for your prosecuting attorney:
The case law reflect general recignition that FASD affects behaviour in ways that are relevant to the justice system. However, decisions reflect an imperfect understanding of the diagnostic process, symptoms and behavioural consequences of FASD. In reality, the judge, who is not required to even care about FASD, needs to be educated during court proceedings. If your lawyer or if the presecuting attorney (depending which side you are on) doesn't understand FASD and it's implications on the child, you are in trouble. The court is obliged to take only the evidence presented before the decision is made and the gavel comes crashing down.
You need to prove these facts:
Prenatal exposure
iii
Brain damage in fetus
iii
Life long cognitive behavioural deficits
iii
Specific deficits in judgment, decision making, cause and effect awareness, and impulse control
iii
Instant offence behaviour
Failing to:
Obtain specific FASD diagnosis
To assress if low IQ may be due to FASD
To consider competency and mental state issues
To select appropriate experts (i.e., assuming a generic expert "can do everything.") who do hands on face-to-face evaluations
To supply experts with sufficient information - "cherry picking."
Failuure of legal team ti educate themselves about FASD
Shotgun approach to mitigation
Inadequate search (e.g., school records , medical records, childhood photographs, etc.)
Failing to address the "nexus."
Assuming that previous criminal problems = antisocial personality disorder
Assuming psychiatric conditions/personality disorders/acute substance intoxication explain ALL of the problem.
Failing to ensure general consistency among defense experts.
Assuming a non-M.D. or a generic M.D. can "diagnose" FASD.
Opting for "local" M.D. expert with "some" FASD experience (seat of the pants diagnosis), to reduce cost.
The family is smart but one of them is content to be the ass in the family, the drinking pregnant one, you can take it to court. But the court needs some real convincing. Here are a few helpful tips for your prosecuting attorney:
History of FASD in Court
The case law reflect general recignition that FASD affects behaviour in ways that are relevant to the justice system. However, decisions reflect an imperfect understanding of the diagnostic process, symptoms and behavioural consequences of FASD. In reality, the judge, who is not required to even care about FASD, needs to be educated during court proceedings. If your lawyer or if the presecuting attorney (depending which side you are on) doesn't understand FASD and it's implications on the child, you are in trouble. The court is obliged to take only the evidence presented before the decision is made and the gavel comes crashing down.
FASD Must Be Linked to Offense Conduct
(Forensic Assessment Must Address the Nexus)
You need to prove these facts:
Prenatal exposure
iii
Brain damage in fetus
iii
Life long cognitive behavioural deficits
iii
Specific deficits in judgment, decision making, cause and effect awareness, and impulse control
iii
Instant offence behaviour
Ommision Errors in FASD Cases
Failing to:
Obtain specific FASD diagnosis
To assress if low IQ may be due to FASD
To consider competency and mental state issues
To select appropriate experts (i.e., assuming a generic expert "can do everything.") who do hands on face-to-face evaluations
To supply experts with sufficient information - "cherry picking."
More Errors
Failuure of legal team ti educate themselves about FASD
Shotgun approach to mitigation
Inadequate search (e.g., school records , medical records, childhood photographs, etc.)
Still More Errors
Failing to address the "nexus."
Assuming that previous criminal problems = antisocial personality disorder
Assuming psychiatric conditions/personality disorders/acute substance intoxication explain ALL of the problem.
Failing to ensure general consistency among defense experts.
Assuming a non-M.D. or a generic M.D. can "diagnose" FASD.
Opting for "local" M.D. expert with "some" FASD experience (seat of the pants diagnosis), to reduce cost.
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