Foetal alcohol spectrum disorders: a consideration of sentencing and unreliable confessions

Douglas, Heather Anne (2015) Foetal alcohol spectrum disorders: a consideration of sentencing and unreliable confessions. Journal of Law and Medicine, 23 427-442.

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Name Description MIMEType Size Downloads
Author Douglas, Heather Anne
Title Foetal alcohol spectrum disorders: a consideration of sentencing and unreliable confessions
Journal name Journal of Law and Medicine   Check publisher's open access policy
ISSN 1320-159X
Publication date 2015
Sub-type Article (original research)
Open Access Status Not Open Access
Volume 23
Start page 427
End page 442
Total pages 16
Place of publication Rozelle, Australia
Publisher Lawbook Co.
Collection year 2016
Language eng
Formatted abstract
While Foetal Alcohol Spectrum Disorders (FASDs) are now a strong focus of policy-makers throughout Australia, they have received strikingly little consideration in Australian criminal courts. Many people who have an FASD are highly suggestible, have difficulty linking their actions to consequences, controlling impulses and remembering things, and thus FASD raises particular issues for appropriate sentencing and the admissibility of evidence. This article considers the approach of Australian criminal courts to FASD. It reviews the recent case of AH v Western Australia which exemplifies the difficulties associated with appropriate sentencing in cases where the accused is likely to have an FASD. The article also considers the implications for Australian courts of the New Zealand case of Pora v The Queen, recently heard by the Privy Council. In this case, the Privy Council accepted expert evidence that people with FASD may confabulate evidence, potentially making their testimony unreliable. The article concludes with an overview of developments in criminal policy and legal response in relation to FASD in the United States, Canada and Australia.
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2016 Collection
TC Beirne School of Law Publications
 
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Created: Fri, 22 Jan 2016, 16:59:11 EST by Carmen Buttery on behalf of T.C. Beirne School of Law