You are on page 1of 6

LESSON 8: CRIMINAL JUSTICE SYSTEM (the courts and jail)

I want you to read the following teaching very carefully. Circle any areas you have
questions about, go over each paragraph with your facilitator, and then answer
some questions.

This is a very difficult subject to talk about. Personally I would rather not and most
people would rather not have to deal with the legal system. The reality is all too often
you will have to deal with it. Around half of all persons with Fetal Alcohol will have to
deal with it because of having committed a crime. This includes sexual crimes.

“It is not that persons with Fetal Alcohol are bad, but they are vulnerable.
Acting on their impulses is someone with Fetal Alcohol’s biggest
vulnerability. Sometimes, persons with Fetal Alcohol have something called a
“part-time” conscience. This is when they will act on an impulse even when
they know it’s wrong or even if they don’t want to. Nervousness makes a
“part-time” conscience worse. They are also vulnerable because they don’t
learn from their mistakes, do not understand the relationship between their
actions and consequences and get confused easily. They also tend to choose
the wrong friends, drink alcohol, and do drugs. Those without Fetal Alcohol
can never fully understand why people with Fetal Alcohol do the things they
do. Understanding that people with Fetal Alcohol act on their impulses gives
the rest of us a window where we can try and help make their lives better.
John Hays

Sometimes parents or caregivers say there is a problem with the system; that putting
someone in jail that has Fetal Alcohol will not help them but will only make them worse.
All too often that is true; but the society must try to protect itself. If there is no other plan,
jail time is often the only choice.

“It is not a system problem it is an organic brain damage problem.” John


Hays

If you have to go in front of a judge, don’t ask for leniency, and don’t make excuses.
Instead, have a detailed plan. The plan should include where you will live, what
supervision you will have, what services you will receive, request diagnostic testing,
drug and alcohol testing, and a safety plan for you and for the society. Ideally, you can
say you have made a deal with your caregiver that you will accept help. You will abide
by the rules or you will turn yourself in or they will turn you in. It can help, if you can
show the judge that you have put together a team of professionals to help you.

If you break the law and your caregiver desires you to be kept at home or in an assisted
living center instead of going to jail, it may help you to tell the judge that you will be
watched 100% of the time or be in a room with an alarmed door.

Sometimes you may find yourself having to work with people from different services.
People such as: Children’s Protective Services, investigators from the police or sheriff’s
department, counselors from a sex offender’s program or lawyers.
8-1
Beware of “false accusations.” If you think that someone may make false accusations
against you then you need to report it and make a safety plan. Do not make false
accusations; they can get you into a lot of trouble. I teach parents and caregivers to
guard themselves. If they think this is a possibility, they need to report their fears and
make a safety plan.

Do not hurt people. If someone lets you get away with hurting someone else, they are
harming you; because it only teaches you that you can hurt other people. Do not hurt
animals either.

The society may need protection from you. Sometimes a secure facility can help you.
Sometimes the structure helps. Plus, it can give your caregivers a break.

You need to learn how to act in jail. You need to be nice, respectful, and polite. You
need to try hard to obey the rules and be careful of who you make friends with.

You also need to know what to do if you are stopped by the authorities. Even if you think
the officers are wrong, you need to obey their commands, be polite, be respectful, do
not argue, be nice, and ask to call your parents, guardians, or service providers.

If you are of a minority race, then you need to be warned that you may be targeted. You
must cooperate and be nice even if you feel you are being treated unfairly. Then ask
your parents or caregivers to try to make right any injustice.

Do you feel vulnerable of getting into trouble with the law? If so why?

Have you ever been in trouble with the law? If so when and for what?

8-2
Do you think that you will ever get into trouble with the law? For what?

Are you willing to make a deal? If you ever get into trouble with the law, would
you be willing to ask for help? Who are you willing to make that deal with?
Write the person’s name and the date that you made that deal.

Name________________________________________

Date____________________

Ask your facilitator if they think you are vulnerable of getting into trouble with the
law. Ask others also. (Write their name and answers on this page.
8-3
Guardianship:
Guardianship simply means that another person will have the legal right to make
decisions for you, such as medical and legal. They also have the right to go to court with
you. It is renewable every year, and it can be item specific. It is only there for the areas
that you need help in. Once you can demonstrate that you can take care of yourself in a
particular area, then the court will take away the guardianship in that area. It’s only in
place until the court feels that you have developed the necessary skills to take care of
yourself. It can be a really good thing. It can help you get services.

You should not get discouraged if you have a guardian. You should realize that some
individuals with Fetal Alcohol have developmental growth spurts, and that they’re able to
do things that they could never do on their own before. So, if you get a guardian, be
patient and work hard developing life skills. Do the things needed to help you have a
developmental growth spurt. (See lesson 7.)

Do you have a guardian?

Do you think that you will need a guardian?

If you did need a guardian, in what areas do you think you might need a guardian
in?

Even after age 18, a parent or social worker can apply for a guardianship for someone
who has legal, mental, emotional, or behavior difficulties. If you are having difficulties,
you may even want a guardian. In order to get a guardianship, they must demonstrate
to the court that you need help. Another thing you can do if you do not want a guardian
is to work hard, learn life skills, deal with behavioral and emotional problems, and
accept help. Please be patient while you learn skills and have developmental growth
spurts.

Will you make a deal that if you are having trouble with alcohol, drugs, legal
problems, relationships, or not being able to financially live on your own, that you
will seek help? With who? When?

8-4
Lesson 8: Notes and Goals
8-5

You might also like