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Seattle University Collaborative Projects - International Academy of ...

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The adult criminally accused person who is affected by Fetal Alcohol Spectrum Disorder(FASD) is in need <strong>of</strong> special responses and handling throughout the process <strong>of</strong> criminal justice.This paper considers, in the context <strong>of</strong> the current status quo, how trial judges may consider andrespond to the special circumstances <strong>of</strong> a person affected by FASD as they appear before theCourt, from the time <strong>of</strong> first appearance through to conviction and sentencing. It also suggestshow case management and a more integrated set <strong>of</strong> agency support activities may contribute tomore effective outcomes.The Trial Judge’s Perspective: Creative Sentencing and the Adult FASDOffenderPeter Ayotte, Provincial Court <strong>of</strong> Alberta, Canada (peter.ayotte@albertacourts.ca)The presence <strong>of</strong> Fetal Alcohol Spectrum Disorder (FASD) in a convicted <strong>of</strong>fender presents aspecific and special challenge to the trial judge. In Canada the stated principles <strong>of</strong> sentencinginclude preservation <strong>of</strong> the rule <strong>of</strong> law, the enhancement <strong>of</strong> public safety, denunciation,deterrence, retribution, incapacitation through physical separation, rehabilitation, the promotion<strong>of</strong> individual responsibility including recognition <strong>of</strong> victims and the harm committed or resultingfrom criminal acts, and finally, reparations for the harm endured by victims. These purposes areexpressly set out in s. 718 <strong>of</strong> the Criminal Code. In addition, the dominant statutory principle inCanada is proportionality. While the enumerated principles <strong>of</strong> sentencing must be dulyconsidered, the sentence must be “proportionate to the gravity <strong>of</strong> the <strong>of</strong>fence and the degree <strong>of</strong>responsibility <strong>of</strong> the <strong>of</strong>fender”. This is prescribed by section 718.1 <strong>of</strong> the Criminal Code. Withthese principles and strictures in mind, when the <strong>of</strong>fender is affected by FASD, the judge shouldconsider the <strong>of</strong>fender’s ability to actually comply with the terms <strong>of</strong> the sentence. To facilitatethis, an effective sentence should involve a variety <strong>of</strong> agencies and community members, to giveassistance to the affected <strong>of</strong>fender so as to promote his or her management and response to theterms <strong>of</strong> the sentence. In this way, the affected person is aided by the terms <strong>of</strong> the sentence,rather than being merely punished or worse, subjected to a set <strong>of</strong> requirements which he or shewill most likely fail to adhere to or effectively manage.The Challenges Facing Social Services and Corrections: FASD Sufferers asInmates and When Supervised by Community CorrectionsE. Sharon Brintnell, <strong>University</strong> <strong>of</strong> Alberta (sharon.brintnell@ualberta.ca)Karen Cotton, Alberta Justice & Solicitor General, Edmonton, Canada(karen.cotton@gov.ab.ca)Fetal Alcohol Spectrum Disorder (FASD) necessitates a planned, targeted and programmedresponse by corrections agencies and <strong>of</strong>ficials. Persons subject to the jurisdiction <strong>of</strong> corrections,161

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