Post by Admin on Mar 1, 2021 17:12:39 GMT
Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Lawyers
Depending on the statistics you read, approximately one-third of the inmates in U.S. jails and prisons have some sort of mental disability. It has become cliché to say that our jails and prisons have become de facto mental institutions. How did we reach this point?
Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Lawyers takes a look at the challenges and opportunities that are presented in these types of cases.
www.americanbar.org/products/inv/book/338525761/
For criminal defense lawyers of all types, clients with mental disabilities are a part of their practice. This ranges from the white collar criminal defense lawyer who represents an executive charged with tax evasion who functions in spite of a variety of conditions which he keeps hidden, to the public defender assigned as standby or advisory counsel for the defendant who wants to represent himself at trial, to the sole practitioner representing the man with Asperger’s charged with possession of child pornography on his computer. Depending on the statistics you read, approximately a third of the inmates in our jails and prisons have some sort of mental disability. It has become cliche to say that our jails and prisons have become de facto mental institutions.
Representing People with Mental Disabilities is easy-to-read and easy-to-navigate. It is intended that you can throw the book in your briefcase on the way to the courthouse, or load it on your I-Pad, and turn to the appropriate chapter or chapters when needed. If you want to learn more about a topic, the Suggested Works section at the end of the book contains titles of books and articles as well as websites. Additionally, many chapters contain the statement at the end, “Complete citations are available from the author/authors upon request.” The accompanying website has motions and pleadings which you can adapt to your jurisdiction.
Media Should Change the Way it Portrays Mental Illness
The key source for information about mental illness for the general public is typically the media. Research shows that media coverage can influence public perceptions. When it comes to serious mental illnesses such as schizophrenia, the media tends to focus only on the negative aspects. There tends to be a focus on acts of violence, unpredictability, and danger to others. This has a huge effect on how the public views individuals with mental illness.
Not the True Picture
Because the media focuses on so many acts of violence, there is a dangerous misperception that individuals with mental illness are always violent. In reality, instances of violence among people with mental illness are rare. In fact, individuals with mental illness are more likely to be the victims of violence than the perpetrators. In addition, when there is violence, there are usually other contributing factors such as substance abuse.
This false picture of mental illness has led to the stigmatization that is dangerous to society. When mental illness is portrayed as negative and dangerous, then people who have a mental illness will hide. These individuals may not seek the help they need because they are afraid of how they will be perceived by others. In addition, those who do come forward about their mental illness may face difficulties such as social isolation and the denial of job opportunities.
Challenging Stereotypes
Given its influence on public perception, the media could go the other way and attempt to challenge stereotypes about mental illness. Safe and responsible coverage of news items involving people with mental illness can help reduce the stigmatization. When reporting on acts of violence, the media should point out that mental illness is rarely the cause of violence and that the vast majority of violent crimes are committed by individuals without mental illness. Relevant contextual factors could also be included in reporting. Pointing out that factors other than an individual's mental illness may have contributed to an act of violence may help with perceptions. The use of appropriate and respectful language when discussing mental illness can also be helpful.
If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental disabilities. To schedule a consultation, call (509) 991-7058.
ELIZABETH KELLEY
www.elizabethkelleylaw.com/bio.html
ABOUT ELIZABETH
I am a criminal defense lawyer with a nationwide practice focused on representing people with mental disabilities.
My family settled in the Palouse Country of Washington Territory in 1872. I was born and raised in Spokane and I returned to the Inland Northwest in 2012.
My experience includes:
Co-chairing the Criminal Justice Advisory Panel of The Arc's National Center on Criminal Justice and Disability.
Editing of Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Lawyers (American Bar Association 2018) and Representing People with Autism Spectrum Disorders: A Practical Guide for Criminal Defense Lawyers (American Bar Association 2020).
Serving on the Council of the ABA's Criminal Justice Section as well as on the Editorial Board of the Criminal Justice Section Magazine.
Serving on the ABA's Commission on Disability Rights.
Serving as a Non-Governmental Observer on behalf of the ABA of the Military Commission Hearings at Guantanomo.
Serving three terms on the board of the National Association of Criminal Defense Lawyers (NACDL), chairing its Mental Health as well as Membership Committees, serving on the Problem-Solving Courts and Body Camera Task Forces, and becoming a Life Member.
Traveling 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.
Lecturing across the U.S. as well as abroad on representing people with mental disabilities and frequently providing commentary for radio and television.
Serving as President of The Spokane Symphony, as well as the boards of The Arc of Spokane and the Museum of Arts and Culture (The MAC).
Completing my 200 hour and 500 hour Yoga certification.
Representing People with Autism Spectrum Disorders
www.americanbar.org/products/inv/book/393535910/
The reason for compiling the expert opinions in Representing People with Autism Spectrum Disorders: A Practical Guide for Criminal Defense Lawyers is two-fold: first, there is a growing recognition that people with ASD are involved in the criminal justice system and need vigorous, informed advocacy; and two, that there is a need for practical, easily digestible information for lawyers.
If you are a criminal defense lawyer, it is inevitable that you are going to represent someone on the Autism Spectrum. Indeed, the Center for Disease Control estimates that one in 59 children are on the spectrum. And because Autism is a lifelong condition, these children will become adults on the spectrum.
But what is Autism Spectrum Disorder (ASD), how will you recognize it in a client, why is it relevant to the criminal justice system, and why do people with ASD get ensnared in the criminal justice system?
The reason for compiling the expert opinions in Representing People with Autism Spectrum Disorders: A Practical Guide for Criminal Defense Lawyers is meant to cover the complete anatomy of a criminal case, from the initial encounter with law enforcement, through the bond hearing, through the use of experts, through plea bargaining or dismissal, through resolution, including a sentencing hearing to prison or probation.
Depending on the statistics you read, approximately one-third of the inmates in U.S. jails and prisons have some sort of mental disability. It has become cliché to say that our jails and prisons have become de facto mental institutions. How did we reach this point?
Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Lawyers takes a look at the challenges and opportunities that are presented in these types of cases.
www.americanbar.org/products/inv/book/338525761/
For criminal defense lawyers of all types, clients with mental disabilities are a part of their practice. This ranges from the white collar criminal defense lawyer who represents an executive charged with tax evasion who functions in spite of a variety of conditions which he keeps hidden, to the public defender assigned as standby or advisory counsel for the defendant who wants to represent himself at trial, to the sole practitioner representing the man with Asperger’s charged with possession of child pornography on his computer. Depending on the statistics you read, approximately a third of the inmates in our jails and prisons have some sort of mental disability. It has become cliche to say that our jails and prisons have become de facto mental institutions.
Representing People with Mental Disabilities is easy-to-read and easy-to-navigate. It is intended that you can throw the book in your briefcase on the way to the courthouse, or load it on your I-Pad, and turn to the appropriate chapter or chapters when needed. If you want to learn more about a topic, the Suggested Works section at the end of the book contains titles of books and articles as well as websites. Additionally, many chapters contain the statement at the end, “Complete citations are available from the author/authors upon request.” The accompanying website has motions and pleadings which you can adapt to your jurisdiction.
Media Should Change the Way it Portrays Mental Illness
The key source for information about mental illness for the general public is typically the media. Research shows that media coverage can influence public perceptions. When it comes to serious mental illnesses such as schizophrenia, the media tends to focus only on the negative aspects. There tends to be a focus on acts of violence, unpredictability, and danger to others. This has a huge effect on how the public views individuals with mental illness.
Not the True Picture
Because the media focuses on so many acts of violence, there is a dangerous misperception that individuals with mental illness are always violent. In reality, instances of violence among people with mental illness are rare. In fact, individuals with mental illness are more likely to be the victims of violence than the perpetrators. In addition, when there is violence, there are usually other contributing factors such as substance abuse.
This false picture of mental illness has led to the stigmatization that is dangerous to society. When mental illness is portrayed as negative and dangerous, then people who have a mental illness will hide. These individuals may not seek the help they need because they are afraid of how they will be perceived by others. In addition, those who do come forward about their mental illness may face difficulties such as social isolation and the denial of job opportunities.
Challenging Stereotypes
Given its influence on public perception, the media could go the other way and attempt to challenge stereotypes about mental illness. Safe and responsible coverage of news items involving people with mental illness can help reduce the stigmatization. When reporting on acts of violence, the media should point out that mental illness is rarely the cause of violence and that the vast majority of violent crimes are committed by individuals without mental illness. Relevant contextual factors could also be included in reporting. Pointing out that factors other than an individual's mental illness may have contributed to an act of violence may help with perceptions. The use of appropriate and respectful language when discussing mental illness can also be helpful.
If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental disabilities. To schedule a consultation, call (509) 991-7058.
ELIZABETH KELLEY
www.elizabethkelleylaw.com/bio.html
ABOUT ELIZABETH
I am a criminal defense lawyer with a nationwide practice focused on representing people with mental disabilities.
My family settled in the Palouse Country of Washington Territory in 1872. I was born and raised in Spokane and I returned to the Inland Northwest in 2012.
My experience includes:
Co-chairing the Criminal Justice Advisory Panel of The Arc's National Center on Criminal Justice and Disability.
Editing of Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Lawyers (American Bar Association 2018) and Representing People with Autism Spectrum Disorders: A Practical Guide for Criminal Defense Lawyers (American Bar Association 2020).
Serving on the Council of the ABA's Criminal Justice Section as well as on the Editorial Board of the Criminal Justice Section Magazine.
Serving on the ABA's Commission on Disability Rights.
Serving as a Non-Governmental Observer on behalf of the ABA of the Military Commission Hearings at Guantanomo.
Serving three terms on the board of the National Association of Criminal Defense Lawyers (NACDL), chairing its Mental Health as well as Membership Committees, serving on the Problem-Solving Courts and Body Camera Task Forces, and becoming a Life Member.
Traveling 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.
Lecturing across the U.S. as well as abroad on representing people with mental disabilities and frequently providing commentary for radio and television.
Serving as President of The Spokane Symphony, as well as the boards of The Arc of Spokane and the Museum of Arts and Culture (The MAC).
Completing my 200 hour and 500 hour Yoga certification.
Representing People with Autism Spectrum Disorders
www.americanbar.org/products/inv/book/393535910/
The reason for compiling the expert opinions in Representing People with Autism Spectrum Disorders: A Practical Guide for Criminal Defense Lawyers is two-fold: first, there is a growing recognition that people with ASD are involved in the criminal justice system and need vigorous, informed advocacy; and two, that there is a need for practical, easily digestible information for lawyers.
If you are a criminal defense lawyer, it is inevitable that you are going to represent someone on the Autism Spectrum. Indeed, the Center for Disease Control estimates that one in 59 children are on the spectrum. And because Autism is a lifelong condition, these children will become adults on the spectrum.
But what is Autism Spectrum Disorder (ASD), how will you recognize it in a client, why is it relevant to the criminal justice system, and why do people with ASD get ensnared in the criminal justice system?
The reason for compiling the expert opinions in Representing People with Autism Spectrum Disorders: A Practical Guide for Criminal Defense Lawyers is meant to cover the complete anatomy of a criminal case, from the initial encounter with law enforcement, through the bond hearing, through the use of experts, through plea bargaining or dismissal, through resolution, including a sentencing hearing to prison or probation.