Veterans in the Criminal Justice System - Resources and Support for Those Suffering from FTD, PTSD, and TBI
Mental Disabilities and the Criminal Justice System
Release Date: 11/11/2022
Mental Disabilities and the Criminal Justice System
In this episode, Elizabeth Kelley talks with her guest, Judge Jay Blitzman. The two discuss the intersection of youthful offenders and mental health issues in the criminal justice system, the shift away from using the term "juvenile", and the ongoing challenges in achieving due process for youthful offenders. In this episode, they discuss: The relevance of including a chapter on youthful offenders in a book about representing people with mental disabilities, and why understanding brain development is crucial for criminal defense lawyers. The shift away from using the term...
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In this episode, Elizabeth Kelley talks with her guest, Dr. Carol Weiss. The two discuss the terminology of substance use disorders, the co-occurrence with mental health issues, and the effects on decision-making within the criminal justice system. In this episode, they discuss: The distinction between substance use disorder and substance abuse disorder, and the implications of stigmatizing terms. The high co-occurrence rate of substance use disorder with other mental health disorders, and theories explaining this correlation. Effective treatment modalities for substance use...
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In this episode, Elizabeth Kelley talks with her guest, Zach Segal. The two discuss post-conviction remedies, specifically 2254 and 2255 motions and motions for Compassionate Release, as well as the challenges people with mental disabilities face in filing these motions. In this episode, they discuss: What is a post-conviction remedy When a 2254 or 2255 motion might be filed What challenges people with mental disabilities face in filing these motions In what circumstances a 2254 or 2255 provides relief for ineffective assistance of counsel claims How the Supreme Court’s...
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This week Elizabeth Kelley talks with her guest, Stephen Cobb. The two discuss the relevance and power of neuroimaging in the courtroom, as well as what the process entails and produces. In this episode, they discuss: What is neuroimaging and why criminal defense lawyers should pursue it An explanation of SPECT and FMRI Intriguing examples showing the significance and power of neuroimaging from Mr. Cobb's experiences How Mr. Cobb became interested in brain imaging An overview of the neuroimaging process and the outcomes it generates Stephen G. Cobb, BCS is a highly...
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This week, Elizabeth Kelley talks with her guest, Dr. Elliot Atkins. Dr. Atkins is the author of the chapter entitled “Working with the Expert: From the Perspective of Experts” in the upcoming 2nd edition of Elizabeth’s book, Representing People with Mental Disabilities published by the American Bar Association. In this episode, Dr. Atkins and Elizabeth discuss: How can attorneys most effectively use mental health experts How a forensic mental health expert can properly communicate and create the best scenario for attorney-client relations What Dr. Atkins...
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In this episode, Elizabeth Kelley interviews Criminal Defense Lawyer Marcia G. Shein. The two discuss essential components of good mental health evaluations, how an attorney can be particularly sensitive to red flags, and practical aspects for newer attorneys in cases such as these. Attorney Shein is the author of the chapter entitled “Mitigation” in the upcoming 2nd edition of Elizabeth’s book, Representing People with Mental Disabilities published by the American Bar Association. In this episode: What red flags Attorney Shein looks for to see if a forensic evaluation is...
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This week Elizabeth Kelley talks with her guest, Professor Lucy Guarnera. The two discuss when a criminal defense lawyer should consider criminal responsibility as a defense, resources for finding mental health experts, and critical components of a thorough forensic evaluation. In this episode, we discuss: When a criminal defense lawyer should consider criminal responsibility as a defense What “mental illness” refers to in the courtroom, and what falls under its umbrella What happens when mental illness and substance abuse occurs together, and what obstacles it poses...
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This week Elizabeth Kelley talks with her guest, Dr. Eric Drogin, the author of the first chapter in the second edition of her book, ‘Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Lawyers.’ The two discuss clarification on the subject of competency and its importance, what to look for in the right mental health expert for your case, and at what point this work becomes the entree to a number of different medically and/or psychologically informed issues. In this episode, we discuss: What competency is, and why it’s so important...
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This week Elizabeth Kelley talks with her guest, Professor Larry Dubin. The two discuss the work of helping people on the spectrum navigate “their new world” in the criminal justice system, the boilerplate knowledge that judges and prosecutors need to have in order to competently and humanely handle these cases, and the prevalence of people on the spectrum in our society. He tells us, “The numbers are showing there’s a lot of people on the spectrum, and they don’t need to be mistreated. It’s not fair, it’s not American to have them mistreated as they are currently through the...
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This week Elizabeth Kelley talks with her guest, Senator Creigh Deeds. The two discuss the many initiatives he’s championed to relieve some of the flaws in the mental health space and the story that inspired him to take action. In this episode, we discuss: What he has done to reform the services delivered to people suffering from serious mental illnesses How his son inspired this journey for Sr. Deeds, and shifted his focus to make change in the mental health space What challenges his team has found along the way, and how they have worked to overcome them What is being...
info_outlineThis week Elizabeth Kelley talks with her guest Dr. Hal Wortzel. The two discuss causes and effects of FTD, PTSD, and TBI on veterans and where they or their families can find resources and support.
In this episode, we discuss:
- FTD Frontotemporal dementia - what it is, what causes it, symptoms, and diagnosis
- Effects of FTD misdiagnosis and subsequent treatment
- The relationship between FTD and involvement in the criminal justice system
- PTSD Post Traumatic Stress Disorder - what it is, symptoms, how it manifests in someone’s life, and how veteran’s suffering from it can get caught up in the criminal justice system
- TBI Traumatic Brain Injury - how it is a biomechanical injury, it’s range of severity
- Possible outcomes of TBI
- How people with Frontotemporal Dementia (FTD), Post Traumatic Stress Disorder (PTSD), or Traumatic Brain Injury (TBI) can become justice involved
- VA resources and programs for individuals and families who suffer from FTD, PTSD, or TBI
- How to be a positive support in the life of a veteran
Dr. Hal Wortzel is a VA forensic neuropsychiatrist at the Rocky Mountain Mental Illness Research, Education and Clinical Center (MIRECC), where he serves as director of neuropsychiatric consultation services and co-director for the national suicide risk management consultation program. He is an associate professor of psychiatry, neurology and physical medicine and rehabilitation at the University of Colorado, and also serves as the Michael K. Cooper professor of neurocognitive disease and forensic psychiatry program faculty. Dr. Wortzel maintains a private practice in forensic neuropsychiatry and behavioral neurology, and has consulted on numerous criminal and civil cases. Areas of research and scholarship interest include suicide risk management, aggression and suicide in the context of post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI). Dr. Wortzel’s current areas of clinical and academic focus include aggression and suicide in the context of PTSD and TBI, incarcerated Veterans and the application of emerging neuroscientific tools to the legal arena.
Website: MIRECC.VA.gov/visn19/.
Facebook: /VAECHCS
Twitter: @RMIRECC
Twitter: /VAECHCS