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Working with the Forensic Mental Health Expert

Mental Disabilities and the Criminal Justice System

Release Date: 06/27/2024

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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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Mental Disabilities and the Criminal Justice System

  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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Mental Disabilities and the Criminal Justice System

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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Mental Disabilities and the Criminal Justice System

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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Mental Disabilities and the Criminal Justice System

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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Mental Disabilities and the Criminal Justice System

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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Mental Disabilities and the Criminal Justice System

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...

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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 says a forensic psychologist can do to help the attorney better understand the way they interact with a client

  • What components make up a strong forensic evaluation, and who is responsible for the acquisition of necessary documents 

  • What Dr. Atkins recommends in situations when the release of documents is resisted, and what insight can be obtained in these occurrences

  • How to best convey to clients the need for bringing in a forensic psychologist when there is already a treating psychologist involved

  • Dr. Atkins explains why a forensic mental health expert is needed even when the individual is already under the care of a treating or clinical professional.

 

Elliot Atkins is a clinical, forensic and consulting psychologist who has been in clinical practice since 1977 and has worked in the forensic arena since 1980.  He has been admitted as an expert witness before state and federal courts in both the criminal and civil arenas.  He has been called upon by attorneys from across the country to address issues related to professional malpractice, criminal state of mind defenses, sentencing and the assessment of both perpetrators and victims of sexual abuse.  He has recently provided consultation to defense counsel in multiple high-profile civil and criminal institutional child sexual abuse cases.  He has also been retained by both the prosecution and the defense as a trial consultant in sexual abuse cases by the United States Air Force’s Judge Advocate General’s office. 

 

Atkins recently co-authored two chapters (Capacity to Waive Miranda Rights and Sentencing) in the Handbook of Forensic Assessment: Psychological and Psychiatric Perspectives. He has also co-authored a chapter on death penalty mitigation in the textbook, Handbook of Forensic Psychology and Forensic Sociology. He recently prepared an amicus brief and testified on the constitutionality of polygraphing paroled sex offenders. He has been an adjunct clinical assistant professor at Widener University and has provided clinical supervision for the doctoral internship programs at both Hahnemann and Drexel Universities.  He has been a consultant to municipal, state and federal agencies and legislative bodies on the issue of substance abuse and rehabilitation. 

 

Atkins has published articles and presented CLE workshops on topics related to the insanity defense, neonaticide, borderline personality disorder, sentencing and the collaboration of clinicians and attorneys regarding the issue of professional boundary violations.  For the past two decades, he has chaired the American College of Forensic Psychology’s Forensic Skills panel of attorneys and forensic psychologists as they address professional and ethical issues confronting forensic mental health practitioners.