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

by Elizabeth Kelley

Overview

For criminal defense lawyers of all types, clients with mental disabilities are a part of their practice. This ranges from the white collar criminal defense lawyer who represents an executive charged with tax evasion who functions in spite of a variety of conditions which he keeps hidden, to the public defender assigned as standby or advisory counsel for the defendant who wants to represent himself at trial, to the sole practitioner representing the man with Asperger’s charged with possession of child pornography on his computer. Depending on the statistics you read, approximately a third of the inmates in our jails and prisons have some sort of mental disability. It has become cliche to say that our jails and prisons have become de facto mental institutions.

Representing People with Mental Disabilities is easy-to-read and easy-to-navigate. It is intended that you can throw the book in your briefcase on the way to the courthouse, or load it on your I-Pad, and turn to the appropriate chapter or chapters when needed. If you want to learn more about a topic, the Suggested Works section at the end of the book contains titles of books and articles as well as websites. Additionally, many chapters contain the statement at the end, “Complete citations are available from the author/authors upon request.” The accompanying website has motions and pleadings which you can adapt to your jurisdiction.

Product Details

ISBN-13:	9781641051767
Publisher:	American Bar Association
Publication date:	08/07/2019
Pages:	368
Product dimensions:	5.90(w) x 8.90(h) x 0.80(d)

About the Author

I am a criminal defense lawyer with a nationwide practice focused on representing people with mental disabilities. My family settled in the Palouse Country of Washington Territory in 1872. I was born and raised in Spokane and I returned to the Inland Northwest in 2012.

My experience includes:

• Co-chairing the Criminal Justice Advisory Panel of The Arc's National Center on Criminal Justice and Disability.
• Editing of Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Lawyers, which is scheduled to be published by the American Bar Association in 2018.
• Serving on the Editorial Board of the ABA's Criminal Justice Section Magazine.
• Serving three terms on the board of the National Association of Criminal Defense Lawyers (NACDL), chaired its Mental Health as well as Membership Committees and am a Life Member.
• Traveling to Liberia in 2009 and 2014 as part of a delegation sponsored by the U.N. Commission on Drugs and Crime and NACDL to train that country's criminal defense bar.
• Lecturing across the U.S. as well as abroad on representing people with mental disabilities and frequently provide commentary for radio and television.
• Serving as a Vice President of The Spokane Symphony and the board of The Arc of Spokane and have served on the board of the Museum of Arts and Culture (The MAC).
• Being appointed by the Spokane City Council to the Police Ombudsman Commission.
• Completing my 200 hour Yoga certification and currently working on my 500 hour certification through Semperviva Studio in Vancouver, BC.

Table of Contents

Introduction v

1 Competency to Stand Trial Eric Y. Drogin 1

2 Criminal Responsibility Eric Y. Drogin 17

3 Mitigation: Mental Health and Sentencing Marcia G. Shein 33

4 Mitigation: Utilizing the Forensic Mental Health Professional Eliot L. Atkins Alan Ellis 45

5 Malingering John Matthew Fabian 57

6 Risk Assessment of Sex Offenders Daniel Montaldi 79

7 False Confessions William C. Follette Richard A. Leo Deborah Davis 95

8 Juveniles Antoinette Kavanaugh 125

9 Juvenile Sex Offenses Stephanie Tabashneck 143

10 Forced Medication Mace J. Yampolsky 161

11 Mental Health Courts Jennifer Johnson 171

12 Veterans Treatment Courts Julie Marie Baldwin 195

13 Jail and Prison Conditions Henry Dlugacz 225

14 Working with Clients William J. Edwards Risa Grand 249

5 Working with Families Elizabeth Kelley 259

16 Working with Experts Jeffrey E. Thoma Dale Watson 263

17 Neuroscience and Abnormal Brain Function Stephen G. Cobb 273

18 Sex Offender Registration Heather Ellis Cucolo 287

19 Standby or Advisory Counsel Elizabeth Owen Erica Weissmann 303

20 Ethics Naomi M. Weinstein 315

Suggested Works 333

Index 339