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.