One Size Doesn’t Fit All - The Struggle to Divert People with Mental Disabilities from the Criminal Justice System
Mental Disabilities and the Criminal Justice System
Release Date: 11/28/2022
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_outlineJudge Steve Leifman
This week Elizabeth Kelley talks with her guest Judge Steve Leifman. The two discuss the journey to redesign the system to identify and treat mental disabilities with the goal of keeping them out of the criminal justice system.
In this episode, we discuss:
- How Judge Leifman became involved in criminal justice for the mentally disabled
- The historical and cultural progression of the incarceration and treatment of those suffering from mental disabilities became culturally accepted
- The development and impact of the pre-and post-arrest aversion system in Miami-Dade County
- The role and treatment of PTSD in law enforcement shootings
- The criteria of competency in the legal system
- Restoration of competency and the legal system - its meaning, the process, its impact
- Why mental disability is not a risk factor for criminal activity
- What should a family do if a loved one suffering from a mental disability is charge with a crime
Judge Steve Leifman is the Associate Administrative Judge of the Miami-Dade County Court Criminal Division. He previously served as Special Advisor on Criminal Justice and Mental Health for the Supreme Court of Florida and currently chairs the Florida Supreme Court’s Steering Committee on Problem Solving Courts. He is the co-chair of the American Bar Association Criminal Justice Mental Health Committee and co-chair of the Judges and Psychiatrists Leadership Initiative. He serves on the Florida Statewide Task Force on Opioid Abuse, the Florida Drug Policy Advisory Council, and the National Institute on Drug Addiction’s (NIDA) Justice Community Opioid Innovation Network. Judge Leifman is a member of the Group for the Advancement of Psychiatry (GAP), a Lecturer in Psychiatry at Columbia University Vagelos College of Physicians and Surgeons and a Voluntary Assistant Professor of Psychiatry and Behavioral Sciences at the University of Miami School of Medicine. Judge Leifman was appointed to serve on the Conference of Chief Justices and Conference of State Court Administrators National Judicial Task Force to Examine State Courts' Response to Mental Illness and the Interdepartmental Serious Mental Illness Coordinating Committee (ISMICC) established by the 21st Century Cures Act.
In 2015, Judge Leifman received the William H. Rehnquist Award for Judicial Excellence. One of the nation’s highest judicial honors presented by Chief Justice John G. Roberts Jr., the Rehnquist Award is presented annually to a state court judge who exemplifies judicial excellence, integrity, fairness, and professional ethics. Judge Leifman is also the first recipient to receive the Florida Supreme Court Chief Justice Award for Judicial Excellence (2015). He was named a 2016 Governing Magazine Public Official of the Year. More recently, Judge Leifman was awarded the 2020 Dade County Bar Association (DCBA) David W. Dyer Professionalism Award, the 2018 Pardes Humanitarian Prize in Mental Health, the 2019 Yale-NAMI Mental Health Advocacy Award and a 2019 Presidential Commendation by the American Psychiatric Association. He has authored and published numerous articles and has been featured in many national and local television programs, radio programs, and articles regarding mental health and the criminal justice system. His most recent co-authored article was published in the Atlantic Magazine on May 30, 2022. Judge Leifman is the subject of the Documentary, The Definition of Insanity which aired nationally on PBS on April 14, 2020 - https://doifilm.com/