Unlocking Justice: Navigating the Criminal System for Individuals on the Autism Spectrum with Professor Larry Dubin
Mental Disabilities and the Criminal Justice System
Release Date: 02/26/2024
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, 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 criminal justice system.”
In this episode, we discuss:
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What challenges are faced by people with autism spectrum disorder in the criminal justice system
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How Professor Dubin helps people on the spectrum navigate “their new world” in the system
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Why people on the spectrum are more likely to commit certain kinds of crimes
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What preventative strategies parents can take to keep their autistic child out of the criminal justice system, and how they can be better prepared in this event
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What improvements can be made by the criminal justice system to be more fair, equitable, and accessible for people on the spectrum
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The boilerplate knowledge that judges and prosecutors need to have in order to competently and humanely handle these cases
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Professor Dubin’s sage advice and wisdom-filled insight for us all
Larry Dubin is a graduate of the University of Michigan Law School, practiced law for almost a decade and after four decades as a law professor and has emeritus status at the University of Detroit Mercy School of Law. He taught, researched and published in the areas of legal ethics and litigation subjects, e.g., civil procedure, evidence & trial practice.
He has also co-edited and written a book: Caught In The Web of the Criminal Justice System: Autism, Developmental Disabilities and Sex Offenses, published by Jessica Kingsley Publishers, London and Philadelphia as well as having written numerous articles for journals on the subject of autism and the legal system.
Professor Dubin has also been quoted as a legal expert in newspapers and magazines around the United States and has been a legal analyst for many different television stations.
Elizabeth Kelley is a criminal defense lawyer with a nationwide practice focused on representing people with mental disabilities. She is editor of Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Lawyers (2018)(2nd ed. 2024 scheduled), Representing People with Autism Spectrum Disorders: A Practical Guide for Criminal Defense Lawyers (2020), and Representing People with Dementia: A Practical Guide for Criminal Defense Lawyers (2022), all published by the American Bar Association (ABA). She also serves as a Vice Chair of the ABA Criminal Justice Council and on the Editorial Board of Criminal Justice Magazine. She was appointed editor of the ABA's annual publication, The State of Criminal Justice. She served as co-chair of The Arc's National Council for Criminal Justice and Disability and the ABA's Commission on Disability. She served as a Non-Governmental Observer on behalf of the ABA at the Military Commission Hearings at Guantanamo.
Ms. Kelley served three terms on the board of the National Association of Criminal Defense Lawyers (NACDL), chaired its Mental Health as well as Membership Committees, and is a Life Member. She served on the Problem-Solving Courts and Body Camera Task Forces. She traveled 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.
Ms. Kelley speaks and writes widely on the subjects of the intersection of mental disabilities and the criminal justice system as well as on Attorney Wellness. She completed her 500 hour Yoga certification through Semperviva Studio in Vancouver, B.C.. http://www.elizabethkelleylaw.com