FASD and Justice: Academic articles relevant to Aotearoa

Articles from Aotearoa NZ

The criminalisation of individuals with FASD: is it necessary or effective?

Dr Valerie McGinn, Neuropsychologist, The FASD Centre, NZ (2021)

In this essay, the renowned Dr McGinn, clinical advisor for FASD-CAN, discusses the potential miscarriages of justice in criminalising a neurodisability.


Best Practices for Justice: practitioner views on understanding and helping youth living with FASD

Anita Gibbs, University of Otago, Aotearoa New Zealand (2022)

International studies and New Zealand publications note that care groups, as well as youth and adult justice populations, have high rates of fetal alcohol spectrum disorder (FASD) and other neuro-disabilities, alongside mental health problems and adverse childhood experiences. This research explores justice practitioner views of helping young people living with FASD, especially when they come into contact with the youth justice system in Aotearoa New Zealand.


Improving treatment and outcomes for young people with fetal alcohol spectrum disorder in the youth justice system: A social work-led response and practice framework.

Oatley V. and Gibbs, A. (2020) Aotearoa New Zealand Social Work 32(2) 5-16.

Young people with fetal alcohol spectrum disorder (FASD) in Aotearoa New Zealand are both primed for, and hindered within the youth justice (YJ) system. This research provides a fresh perspective on how social workers can take a lead role in ensuring young people with FASD receive neurodevelopmentally appropriate interventions both within the YJ system 


• A chapter in the Aotearoa Handbook of Criminology

Auckland University Press by Anita Gibbs (2021)

'Neurodisability and criminal justice: Time for a radical rethink' is essential reading for those within the criminal justice system.


• Views from the Bench: Fetal Alcohol Spectrum Disorder in the Courtroom

In N Novick Brown (ed), Evaluating Fetal Alcohol Spectrum Disorders in the Forensic Context 

In this book chapter Judge FitzGerald, a District and Youth court judge in Auckland (and our FASD-CAN patron), addresses FASD and the law in New Zealand. He identifies low levels of awareness, absence of prevalence studies, lack of diagnostic capacity and barriers to essential services and supports as the major features regarding FASD in the New Zealand justice context.  


Psychological Assessment for Juvenile Courts – Haner D., McGinn V., Harris K. (2021)

In: Novick Brown N. (eds) Evaluating Fetal Alcohol Spectrum Disorders in the Forensic Context.
Springer, Cham

In this chapter Dr Valerie McGinn and two Canadian psychologists address the identification of offenders with FASD and education of  the courts in order to reduce involvement of youths with FASD, both as perpetrators of crime and as victims. Its chapter describes the processes used in Canada and New Zealand to evaluate young people who have committed crimes that were influenced by the neurodevelopmental deficits associated with FASD.


The Donald Beasley Foundation, Dunedin

The Donald Beasley Foundation in Ōtepoti Dunedin is a leader in the field of disability research, recognised at a national and and international level. They particularly focus on inclusivity for those with intellectual disabilities and are 'committed to ethical, inclusive and transformative research and projects that promote the rights of disabled people'.

In the 'Access to Justice' section on their website, they have some excellent resources for those interested in how justice for those with neurodisabilities can best be served.
Click here to browse. 


International Research Papers

• Harding K and Whittingham L (2021) Framing Fetal Alcohol Spectrum Disorder. Policy, practice and research using the United Nations Convention on the rights of persons with disabilities (CanFASD policy paper). Click here to read.

• Brookbanks et al (2022) – Unfitness to stand trial and Fetal Alcohol Spectrum Disorder: Understanding and responding to FASD within the criminal justice system in New Zealand.  Click here to read.