The Offense of Misunderstanding
Mental Disabilities and the Criminal Justice System
Release Date: 02/21/2023
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_outlineMary Riggs Cohen, PhD & Dr. Isabelle Hénault
This week Elizabeth Kelley talks with her guests, Mary Riggs Cohen, PhD and Dr. Isabelle Henault. They discuss Autism Spectrum Disorder, the misunderstandings that cause people with ASD to be caught up in the the criminal justice system, and what measures can be taken to prevent situations of this nature.
In this episode, we discuss:
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A brief synopsis of Autism Spectrum Disorder
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Distinguishing traits of Asperger's Syndrome Disorder
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The typical age of diagnosis
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What measurements are used to diagnose autism
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Are people on the spectrum more likely to commit crimes, and what factors might make them more vulnerable to entering the criminal justice system
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Why most autistic people who have entered the system are charged with a cyber crime
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Why it’s not appropriate for the treating psychologist to serve as the independent forensic psychologist in autism cases, and how they can more appropriately work together for the best outcome
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What preventative measures families can take to ensure that their loved one doesn’t find themselves in these types of situations
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The likelihood of repeat offenders, and what the opportunity of diversion presents for them
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What diversionary programs can be found in the United States, and why we need more
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How sex education can help in keeping people on the spectrum out of this trap
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Why it is so important for law enforcement, social workers, and courtroom professionals to understand trauma
Mary Riggs Cohen, PhD received her doctoral training in clinical psychology at the Catholic University of America and her postdoctoral family therapy training at the Philadelphia Child Guidance Center. Dr. Cohen is a licensed psychologist in New York and Pennsylvania. She has thirty-six years of experience working with children, adolescents, adults and families and has specialized in the diagnosis and treatment of Autism Spectrum Disorders for twenty-nine years. As Clinical Director of the Social Learning Disorders Program at the University of Pennsylvania Psychiatry Department, she developed the Social Skills Seminar for young adults on the autism spectrum which was taught at Penn and New York City. She is the author of Social Literacy: A Social Skills Seminar for Young Adults with ASDs, NLDs and Social Anxiety. Dr. Cohen was the Director of the Center for Teaching and Research in Autism at Pace University for three years and was an Associate Professor of Psychology. She is a frequent presenter at autism conferences and provides professional continuing education workshops on a variety of topics related to autism diagnosis, treatment and forensic issues. Formerly the Director at Autism Spectrum Diagnostics & Consulting in Doylestown, PA., she has been conducting forensic evaluations of individuals on the autism spectrum and providing expert testimony since 2009. Dr. Cohen is now in independent practice assisting in the evaluation and defense of ASD defendants throughout the U.S.
Dr Isabelle Hénault, is a sexologist and psychologist from the University of Québec at Montréal, Canada. Her practice and studies have focused on providing diagnosis, education and support to children, adolescents, adults and couples living with Autism and Asperger's Syndrome. Dr. Hénault has developed a relationship and sex education program, and works with individuals and groups to increase their understanding of sexuality, and conducts relationship counseling. She is presently collaborating on numerous international research initiatives involving socio-sexual education and interpersonal relationships. She worked for over 2 years and a half at Tony Attwood’s clinic in Australia.
Dr. Hénault is the author of Asperger's Syndrome and Sexuality: From Adolescence through Adulthood, published by Jessica Kingsley Publisher, London (2005) and co-author of The Autism Spectrum, Sexuality and the Law (Attwood, Hénault & Dubin) published by Jessica Kingsley Publisher, London (2014).
She also published the book: The female profile of Autism (Chenelière Education, 2020; JKP 2023) and collaborated to the book: Working with Autistic Transgender and Non-Binary people (Kourti & coll, 2021).
Henault’s Facebook: https://www.facebook.com/CliniqueAutismeAspergerMontreal/
Cohen’s Facebook: www.facebook.com/AutismSpectrumDiagnosticsConsulting/
Henault’s Publications:
https://us.jkp.com/collections/author-isabelle-henault-pid-201833
https://us.jkp.com/collections/author-marianthi-kourti-pid-213286
Cohen’s Publications:
https://products.brookespublishing.com/HSearch.aspx?k=Mary+Riggs+Cohen+PhD