Representing People with Mental Disabilities : : A Practical Guide for Criminal Defense Lawyers.

• Author: Kelley, Elizabeth.
• Place / Publishing House: La Vergne : : American Bar Association,, 2019.; Ã2019.
• Year of Publication: 2019
• Language: English
• Physical Description: 1 online resource (299 pages)

Table of Contents

Cover -- Title Page -- Copyright -- Contents -- Introduction -- Chapter 1: Competency to Stand Trial -- Legal Background -- Warning Signs -- Expert Assistance -- Competency Restoration -- Chapter 2: Criminal Responsibility -- Legal Background -- Relevant Diagnoses -- Assessment Measures -- Chapter 3: Mitigation: Mental Health and Sentencing -- How to Recognize Signs of a Possible Mental Health Issue -- Evaluating Whether the Possible Mental Health Issue Can Be Used in Mitigation -- Selecting a Qualified Expert -- Requesting Court Assistance in Securing the Evaluation -- Revisiting Whether the Possible Mental Health Issue Can Be Used in Mitigation -- Advocating for Your Client -- Chapter 4: Mitigation: Utilizing the Forensic Mental Health Professional -- Seeking the Services of a Forensic Mental Health Professional -- Other Aspects of the Role of Consultant -- The Collaborative Process Begins -- The Collaborative Process Continues: Gathering Information -- The Collaborative Process Continues: The Forensic Report -- The Collaborative Process Continues: Expert Testimony -- Conclusion -- Chapter 5: Malingering -- Base Rates of Malingering -- Criminal Forensic Assessment -- Common Malingered Diagnoses and Symptoms -- The DSM-5 and Malingering -- Malingering of Cognitive Impairments -- A Complicated Malingering Case Study -- Other Issues in Malingering -- Concluding Remarks -- Chapter 6: Risk Assessment of Sex Offenders -- Static-99 and 99R -- What Is a Rate? -- What Is Risk? -- Questions for Any State Expert Who Uses the Term "High Risk" -- What Is Dangerousness? -- Actuarial Rates: Do They Underestimate Risk? -- Actuarial Rates Relate to Charges or Convictions: Do They Underestimate Risk? -- Questions for State Experts Who Say That Actuarial Tools Underestimate Risk (for Whatever Reason) -- Clinical "Adjustment" of Actuarial Findings.

Questions for State Experts Who "Adjust" Actuarial Findings -- In Fact, Actuarial Rates Overestimate Risk -- Does the Average Sex Offender Have Hundreds of Victims? -- Conclusion -- Chapter 7: False Confessions -- The Problem of False Confession -- Pressures of the Interrogation: What Are They and How Do They Work? -- The Interrogation -- Psychological and Maturational Processes Relevant to Interrogation -- Vulnerabilities to False Confessions -- Mental Disabilities and False Confessions -- Factors Influencing Likelihood of Confession -- Legal and Illegal Drug Effects -- Vulnerabilities for Specific Mental Disorders -- Schizophrenia Spectrum and Other Psychotic Disorders -- What Is the Attorney to Do? -- What Does the Consultant Need? -- Conclusions -- Chapter 8: Juveniles -- Mental Illness and Substance Abuse in the General Population -- Service Utilization -- Mental Illness among Youth in the Juvenile Justice System -- Adolescent Brain Development -- Cognitive and Academic Functioning -- Motion to Suppress Statement -- Competency to Stand Trial -- Sentencing/Mitigation -- Ineffective Treatment for Youth Involved in the Juvenile Justice System -- Chapter 9: Juvenile Sex Offenses -- Myths about Juveniles Who Sexually Offend -- Sexual Offending and Normative Development -- Mental Health Issues -- Making the Most of an Expert Evaluation -- Juvenile Sex Offender Risk Assessment Best Practices -- Chapter 10: Forced Medication -- The Beginnings of Forced Medication -- Medication and Restoring Competence -- Practice Tips for a Forced Medication (aka Sell) Hearing and Questions to Explore -- Conclusion -- Chapter 11: Mental Health Courts -- What Is a Mental Health Court and Why Do We Have One? -- What Should I Expect in a Mental Health Court? -- How Is This Different from a Drug Court? -- What Does an Ideal Treatment Plan Include? -- Supported Employment.

What If My Client Has Substance Abuse Issues? -- Why Should I Let My Client Talk to the Judge? -- Shouldn't I Just Get My Client Out of Jail? -- Ethical Tensions for Defense Attorneys -- Conclusion: Where Are We Going from Here? -- Chapter 12: Veterans Treatment Courts -- The Veterans Treatment Court Concept -- Your Clients: Offenders and the Accused with a History of Military Service -- Client Identification: The Responsibility Is Yours -- Case Transfers and Program Identification -- Eligibility: Can My Client Enlist? -- Cost and Benefit of Admission: Should My Client Enlist? -- Defense Counsel Involvement: Will You Participate? -- Chapter 13: Jail and Prison Conditions -- Background Scope of the Problem -- Overrepresentation in the Criminal Justice System -- Know the Law -- Preserving the Right to Bring Suit -- Deadlines -- Dealing with the Risk of Suicide -- Intake -- Time of Release -- Benefits Advocacy -- Housing -- The Americans with Disabilities Act -- What the ADA Does -- Access to Programs under the ADA -- Rules Violations and Use of Force -- Media Outreach -- Privacy and Confidentiality -- Conclusion -- Chapter 14: Working with Clients -- Establishing Rapport -- Red Flags to Identify Clients with a Mental Disability -- Developing a Social History: Gathering the Important Records -- Is There a Mental Disability? -- Maintaining Boundaries -- Conclusion -- Chapter 15: Working with Families -- Chapter 16: Working with Experts -- Selecting an Expert -- Avoiding Expert Bias -- Qualifying Experts and Overcoming Exclusion -- Challenging/Cross-Examining Their Expert -- Conclusion -- Chapter 17: Neuroscience and Abnormal Brain Function -- The Search for Legal Counsel -- Competency to Proceed -- The Defense of Insanity at the Time of the Offense -- Traditional Criminal Defense and Mitigation of Sentence -- Neuroscience-Based Mitigation of Sentence.

Settlement Negotiations, Veterans Court, and Sentencing -- How to Use Neuroscience in Criminal Court -- If Crime Is the Answer, What Is the Question? -- Chapter 18: Sex Offender Registration -- Sexual Offender Registration Act (SORA) -- Sex Offender Registration and Notification Act (SORNA) -- The Aftermath of Registration -- Residency Restrictions -- What If a Client Has an Intellectual/Developmental Disability? -- Chapter 19: Standby or Advisory Counsel -- Indigent and/or Mistrustful Defendants -- Personality Disorder/Laws Don't Apply -- The Psychotic Defendant -- Chapter 20: Ethics -- The ABA Model Rules and Criminal Justice Standards on Mental Health -- The Role of Counsel: Balancing Competing Interests -- Guidance from Other Practice Areas of the Law -- Supported Decision Making -- Scenario "Answers" -- Conclusion -- Suggested Works -- Index.