Foetal Alcohol Spectrum Disorder (FASD): The Neurodivergent Elephant in the Room Within the Criminal Legal System and the Neurodiversity Paradigm

Fetal Alcohol Spectrum Disorder (FASD), a lifelong neuro-disability, is more prevalent than many other neurodivergent identities. Yet, it is often not even mentioned in texts, reports or social media posts when discussing the overarching neurodiversity paradigm. Prevalence rates for FASD in the criminal legal system are as high as 36% of incarcerated populations, and the impact of ignoring this neuro-disability is catastrophic for people living with FASD whom interact with criminal justice agencies and processes. FASD is the neurodivergent elephant in the room, because the disability is often missed and left out of mainstream discussion of neurodiversity. This article explores this major oversight by identifying reasons why FASD might be left out of the neurodiversity conversation and how people with FASD are immersed and overrepresented in all experiences of criminal legal system surveillance – from child welfare to policing, to youth justice involvement, to imprisonment and forensic in-patient experiences. The neurodivergent elephant is indeed rather large, but the elephant has a voice and needs to be seen and heard - to that end this article will both challenge the exclusion of FASD and ensure that living experience voices arguing for its inclusion and recognition are centered.