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FASD: APPLICATION OF THE SCIENTIFIC METHOD TO THE FORENSIC SETTING

FASD: APPLICATION OF THE SCIENTIFIC METHOD TO THE FORENSIC SETTING Texas Criminal Defense Lawyers Association Courtyard Marriott Downtown Austin, TX Thursday, February 25, 2010 9:00 – 2:30 pm. NATALIE NOVICK BROWN, PH.D. PROGRAM DIRECTOR. FASD Experts FASDexperts.com.

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FASD: APPLICATION OF THE SCIENTIFIC METHOD TO THE FORENSIC SETTING

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  1. FASD: APPLICATION OF THE SCIENTIFIC METHOD TO THE FORENSIC SETTING Texas Criminal Defense Lawyers Association Courtyard Marriott Downtown Austin, TX Thursday, February 25, 2010 9:00 – 2:30 pm

  2. NATALIE NOVICK BROWN, PH.D.PROGRAM DIRECTOR

  3. FASD ExpertsFASDexperts.com

  4. HON. ANTHONY P. WARTNIK, J.D., JUDGE (RETIRED)LEGAL DIRECTOR

  5. SCHEDULE • Introduction/Overview (NNB): 9:45 – 10:15 • Break: 10:15 – 10:30 • Evidentiary Innovations (RSA): 10:30 – 11:00 • Neuropsychological Testing (PDC): 11:00 – 11:25 • State v. Eugene Nunnery (NNB): 11:25 – 12:00 • Lunch: 12:00

  6. FASD Experts: Multidisciplinary Forensic Assessment Team Unique multi-stage approach to FASD assessment within the forensic context by a specialized, coordinated ensemble: • Multiple legal contexts: criminal, civil, post-conviction • Defense and Prosecution (i.e. victims with FASD) • National scope

  7. Sir Isaac Newton “If I have seen farther it is by standing on the shoulder of giants.”

  8. Dr. Ann Streissguth

  9. FASD

  10. FASD Is Relevant in a Forensic Context Because of CNS Abnormalities Brain damage causes cognitive-behavioral deficits which significantly increase risk of illegal behavior.

  11. PREVALENCE Why Is FASD Relevant in a Forensic Context? Secondary Disabilities Mental Health Problems Trouble With the Law Inappropriate Sexual Behavior Dependent Living Alcohol & Drug Problems Problems with Employment Disrupted School Experience Confinement 100 90 80 70 60 50 40 30 20 10 Ages 6 - 51 Ages 21 - 51 % Ages 6-51 (n=408-415)Ages 21-51 (n=89-90)

  12. PREVALENCE Why Is FASD Relevant in a Forensic Context? Secondary Disabilities Mental Health Problems Trouble With the Law Inappropriate Sexual Behavior Dependent Living Alcohol & Drug Problems Problems with Employment Disrupted School Experience Confinement 100 90 80 70 60 50 40 30 20 10 Ages 6 - 51 Ages 21 - 51 % Ages 6-51 (n=408-415)Ages 21-51 (n=89-90)

  13. Tertiary Disability(Legal Arena) Complications in legal matters due to inadequate identification and/or consideration of FASD. Death penalty in Capital Murder cases is the most extreme tertiary disability possible in the legal arena.

  14. FAS Family Resource Institute

  15. FORENSIC RED FLAGS FOR FASD

  16. TYPICAL FASD-LIKE FEATURES AT INTERVIEW WITH CLIENT • Short stature (not always) • Immature and naive • Eager to please or stubbornly resists the obvious • Can’t provide coherent, detailed narrative • Can’t concentrate • Doesn’t add much • Doesn’t seem to remember what you tell him from appointment to appointment

  17. TYPICAL FASD-LIKE FEATURES OF INSTANT OFFENSE • Illogical actions with high risk of detection • “Simple” plan (focus is only on the objective) • No exit strategy • Impulsive, aggressive actions with unforeseen events (“fight or flight”) • More sophisticated, experienced co-defendants

  18. TYPICAL FASD-LIKE FEATURES AFTER ARREST • Immediately or easily waives rights • Guileless confessions that most offenders would never make • “Over” confesses (to anything and everything) • Behavioral regression during confession (e.g., becomes tearful) • Emotionally detached (e.g., fails to see seriousness of crime)

  19. TYPICAL FASD-LIKE PRIOR LEGAL HISTORY • Easily led by more sophisticated peers • Multiple low-grade offenses in teen years, often with co-defendants • Lots of stealing • Offenses don’t “make sense” (e.g., stealing something of little value) • Oblivious to risk • Impulsive, opportunistic crimes • Probation violations

  20. TYPICAL FASD-LIKE LIFE HISTORY • Mom abuses alcohol/drugs • Involvement with child welfare • Adoption / foster or relative placements / juvenile commitments • Special Education / learning disabilities • Multiple diagnoses in childhood (espec. ADD/ADHD) • Rule-breaking behaviors (lies, cheats, steals, fights) • Disrupted education • Substance abuse • Unstable adult lifestyle (improves with structure)

  21. BREAK

  22. RICHARD S. ADLER, M.D. MEDICAL DIRECTOR

  23. FASD EXPERTS’ INNOVATIONS

  24. (A10) FASD in the Legal System: A Multidisciplinary Assessment Model for Adults & Adolescents Presented by FASDExperts.com Judge Anthony Wartnik, JD – Legal Director Natalie Novick Brown, PhD – Program Director Richard Adler, MD – Medical Director Paul Connor, PhD – Neuropsychology Director 3rd International Conference on Fetal Alcohol Spectrum Disorder Victoria, BC, Canada March 11, 2009

  25. GRAPHIC PRESENTATION OF THE DEFENDANT’S NEUROPSYCHOLOGICAL PROFILE

  26. PRESENTATION OF FUNCTIONAL IMPAIRMENTS IN DEFENDANT’S HISTORY

  27. FASDEx Secondary Disabilities Scale(Likert Scale: 0=not at all  2 =very much so)

  28. PRESENTATION OF THE RELEVANCE OF FASD TO INSTANT OFFENSE (“THE NEXUS”)

  29. Offense Conduct(Likert Scale: 0=not at all / 2=very much so)

  30. GRAPHIC PRESENTATION OF THE DEFENDANT’S FAS-RELATED FACIAL FEATURES

  31. USE OF MRI, MORPHOMETRIC ANALYSIS & DTI

  32. Evaluation of Corpus Callosum Anisotropy in Young Adults with Fetal Alcohol Syndrome Using Diffusion Tensor Imaging X. Ma, C. D. Coles, M. Lynch, S. M. LaConte, X. Hu. Emory University, Atlanta. Proc. Intl. Soc. Mag. Reson. Med. 11 (2003) 2240

  33. Defendant Normal

  34. CAVEAT EMPTOR: A PICTURE IS A PICTURE, NOT A PANACEA

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