Table Of ContentInternational Library of Ethics, Law, and the New Medicine 63
Monty Nelson
Marguerite Trussler Editors
Fetal Alcohol
Spectrum
Disorders in Adults:
Ethical and Legal
Perspectives
An Overview on FASD for Professionals
International Library of Ethics, Law,
and the New Medicine
Volume 63
Series editor
David N. Weisstub
University of Montreal Fac. Medicine, Montreal, Québec, Canada
The book series International Library of Ethics, Law and the New Medicine
comprises volumes with an international and interdisciplinary focus. The aim of
the Series is to publish books on foundational issues in (bio) ethics, law, interna-
tional health care and medicine. The 28 volumes that have already appeared in this
series address aspects of aging, mental health, AIDS, preventive medicine, bioeth-
ics and many other current topics. This Series was conceived against the back-
ground of increasing globalization and interdependency of the world’s cultures
and governments, with mutual influencing occurring throughout the world in all
fields, most surely in health care and its delivery. By means of this Series we aim
to contribute and cooperate to meet the challenge of our time: how to aim human
technology to good human ends, how to deal with changed values in the areas of
religion, society, culture and the self-definition of human persons, and how to for-
mulate a new way of thinking, a new ethic. We welcome book proposals represent-
ing the broad interest of the interdisciplinary and international focus of the series.
We especially welcome proposals that address aspects of ‘new medicine’, meaning
advances in research and clinical health care, with an emphasis on those interven-
tions and alterations that force us to re-examine foundational issues.
More information about this series at http://www.springer.com/series/6224
Monty Nelson · Marguerite Trussler
Editors
Fetal Alcohol Spectrum
Disorders in Adults: Ethical
and Legal Perspectives
An Overview on FASD for Professionals
1 3
Editors
Monty Nelson Marguerite Trussler
Consulting Psychology Associates Office of the Ethics Commissioner
Edmonton, AB Edmonton, AB
Canada Canada
ISSN 1567-8008 ISSN 2351-955X (electronic)
International Library of Ethics, Law, and the New Medicine
ISBN 978-3-319-20865-7 ISBN 978-3-319-20866-4 (eBook)
DOI 10.1007/978-3-319-20866-4
Library of Congress Control Number: 2015943042
Springer Cham Heidelberg New York Dordrecht London
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Preface
The origins of this edited volume began in 2013. As part of a Canadian delega-
tion of clinicians and judges spearheaded by Mr. Neil Skinner, executive legal
counsel to the Provincial Court of Alberta, we attended the 33rd Congress of the
International Academy of Law and Mental Health in Amsterdam in July 2013.
There were two panels organized with speakers from Alberta and Saskatchewan
on the topic of FASD. While there was some significant interest in the topic, we
were left with the impression that much more needed to be done to educate health
and legal practitioners around the world about the various legal and ethical chal-
lenges associated with those who have FASD. Dr. Floor Oosting and Mr. Chris
Wilby from Springer Publishing approached Monty about considering assembling
an edited volume with contributions from authors from around the world on the
topic. With the encouragement of Dr. Egon Jonsson from the Alberta Institute of
Health Economics, the journey to collect chapters from authors in the field was
undertaken.
Marguerite agreed to assist Monty with the project; the combination of a retired
judge and a psychologist as editors seemed very apt for such a volume. A call for
papers went out in the fall of 2013. Most of the papers were received by the sum-
mer of 2014 and the editing process commenced. We are pleased that we have
28 contributors from seven countries, and want to graciously thank each of them
for their contributions and patience with the editing process.
We sincerely thank series editor Dr. David Weisstub, as well as Dr. Oosting
and Mr. Wilby for their efforts and support in publishing this work. Ms. Kathryn
Kelly and Dr. Diane Black assisted in spreading the word about the book to
potential authors. We are also thankful to our many colleagues (including Judge
Peter Ayotte, Ms. Denis Milne, Ms. Audrey McFarlane, Ms. Teresa O’Riordan,
Ms. Sharon Brintnell, Dr. Hasu Rajani, and Dr. Brent Symes) who over the years
have influenced our understanding and involvement in the field of FASD. We have
also learned extensively from the various individuals with FASD we have worked
with. Two anonymous reviewers also spent extensive time reviewing an earlier
draft of the volume, and providing thorough feedback and suggestions as well;
their time and effort are greatly appreciated.
v
vi Preface
Finally, we thank our families for their patience while we brought together this
work.
We dedicate this volume to those individuals with FASD, and those who work
to assist them.
Contents
Part I Ethical Considerations and Implications in FASD
Fetal Alcohol Spectrum Disorder: Ethical, Legal and
Moral Implications Associated with the Rights of the Unborn Child .... 3
Jenny Salmon
Why People with FASD Fall for Manipulative Ploys:
Ethical Limits of Interrogators’ Use of Lies ......................... 23
Stephen Greenspan and John H. Driscoll
Neurodevelopmental Disorder Associated with Prenatal Alcohol
Exposure: Consumer Protection and the Industry’s Duty to Warn ...... 39
Susan D. Rich and Laura J. Riley
Experience in Involuntary Hospitalisation of Drug
and Alcohol Addicted Mothers During Their Pregnancies
at Borgestadklinikken, Norway ................................... 49
Egil Nordlie
Is It Ethical to Condone Low Levels of Drinking in Pregnancy? ........ 65
Janni Niclasen
Ethical Challenges When Screening for
and Diagnosing FASD in Adults .................................. 85
Ilona Autti-Rämö
vii
viii Contents
Part II Clinical Perspectives on Criminal Behaviour in FASD
Neurocognitive Difficulties Underlying High Risk
and Criminal Behaviour in FASD: Clinical Implications .............. 101
Katherine Wyper and Jacqueline Pei
Medico-Legal Interventions in Management of Offenders
with Fetal Alcohol Spectrum Disorders (FASD) ..................... 121
Mansfield Mela
Oral Language and Communication Factors to Consider When
Supporting People with FASD Involved with the Legal System ......... 139
Linda Hand, Megan Pickering, Sally Kedge and Clare McCann
Part III Judicial Perspectives
Evolution of the Diagnosis of Fetal Alcohol Spectrum Disorder
from DSM-IV-TR to DSM-5: The Justice System
in the United States—Time for a Paradigm Shift! .................... 151
Anthony P. Wartnik, Jerrod Brown and Sarah Herrick
Smart Justice and FASD in Alaska: From Prevention
to Sentence Mitigation .......................................... 169
Teri Tibbett and Michael I. Jeffery
FASD & Justice: The Ethical Case for Effective Training
and Knowledge Mobilization Practices for Frontline
Justice Professionals in Canada ................................... 191
Michelle Stewart
Part IV Social and Policy Issues
Social Care and Fetal Alcohol Spectrum Disorders in the UK .......... 209
Alison McCormick
FASD in a Canadian Aboriginal Community Context—An
Exploration of Some Ethical Issues Involving
the Access to FASD Service Delivery ............................... 223
Lori Vitale Cox
FASD and the Concept of “Intellectual Disability Equivalence” ........ 241
Stephen Greenspan, Natalie Novick Brown and William Edwards
Contents ix
Part V Personal Perspectives and Stories
Minimizing Secondary Disabilities ................................ 269
Inger Thormann
The Challenges of Raising an FASD Child in Canada ................ 285
I Did not Take on This Job of Parent in Order to Raise Criminals ...... 293
Dianne O’Connor
Description:This book discusses and provides insight on the legal and ethical dilemmas of managing those with Fetal Alcohol Spectrum Disorder (FASD). This book provides a clear perspective for those clinicians and legal professionals who are working with those with this disorder, and correspondingly increases t
