‘I inevitably get in trouble … in one way or another’: Qualitative exploration of the vulnerabilities and experiences of justice system encountered individuals with fetal alcohol spectrum disorder

Background: In comparison to the neurotypical population, individuals with fetal alcohol spectrum disorders (FASD) are over-represented in the criminal justice system (CJS). This study explores the perspectives of a small sample of individuals with FASD regarding the factors that predispose them to encounters with the CJS, and their experiences during investigative interviews. Methods: Semi-structured interviews were conducted with ten individuals with FASD, aged between 12 and 46 years old (mean age 20.1 years). Interviews were a combination of remote audio-recorded, video-recorded, and face-to-face interviews administered by parents/carers. NVivo was used to collate, organise, and explore data. Data were analysed by reflexive thematic analysis. Results: Three over-arching themes were generated from seven sub-themes: “personality/individual triggers to CJS encounters” which described vulnerabilities, such as a tendency to be impulsive and to accept suggestions, “encounters ‘fuelled’ by society” where examples of exploitation, police's aggressive approach and lack of knowledge were given. The final theme of “sense of self-awareness” demonstrated that participants had a sense of appreciation of their strengths and abilities. Conclusion: Individuals with FASD are highly vulnerable to, and within, encounters with the CJS. Procedural justice will benefit by employing alternative methods in dealing with situations where individuals with FASD may be involved, and in obtaining information via interviews from the FASD population.