Representing People with Mental Disabilities A Practical Guide for Criminal Defense Lawyers.

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Bibliographic Details
Main Author:	Kelley, Elizabeth
Format:	eBook
Language:	English
Published:	La Vergne : American Bar Association, 2019.
Subjects:	Defense (Criminal procedure) > United States. Mental health laws > United States. Mentally ill offenders > Legal status, laws, etc. > United States. Special needs offenders > Legal status, laws, etc. > United States.
Online Access:	Click for online access

Table of Contents:

Cover
Title Page
Copyright
Contents
Introduction
Chapter 1: Competency to Stand Trial
Legal Background
Warning Signs
Expert Assistance
Competency Restoration
Chapter 2: Criminal Responsibility
Legal Background
Relevant Diagnoses
Assessment Measures
Chapter 3: Mitigation: Mental Health and Sentencing
How to Recognize Signs of a Possible Mental Health Issue
Evaluating Whether the Possible Mental Health Issue Can Be Used in Mitigation
Selecting a Qualified Expert
Requesting Court Assistance in Securing the Evaluation
Revisiting Whether the Possible Mental Health Issue Can Be Used in Mitigation
Advocating for Your Client
Chapter 4: Mitigation: Utilizing the Forensic Mental Health Professional
Seeking the Services of a Forensic Mental Health Professional
Other Aspects of the Role of Consultant
The Collaborative Process Begins
The Collaborative Process Continues: Gathering Information
The Collaborative Process Continues: The Forensic Report
The Collaborative Process Continues: Expert Testimony
Conclusion
Chapter 5: Malingering
Base Rates of Malingering
Criminal Forensic Assessment
Common Malingered Diagnoses and Symptoms
The DSM-5 and Malingering
Malingering of Cognitive Impairments
A Complicated Malingering Case Study
Other Issues in Malingering
Concluding Remarks
Chapter 6: Risk Assessment of Sex Offenders
Static-99 and 99R
What Is a Rate?
What Is Risk?
Questions for Any State Expert Who Uses the Term "High Risk"
What Is Dangerousness?
Actuarial Rates: Do They Underestimate Risk?
Actuarial Rates Relate to Charges or Convictions: Do They Underestimate Risk?
Questions for State Experts Who Say That Actuarial Tools Underestimate Risk (for Whatever Reason)
Clinical "Adjustment" of Actuarial Findings
Questions for State Experts Who "Adjust" Actuarial Findings
In Fact, Actuarial Rates Overestimate Risk
Does the Average Sex Offender Have Hundreds of Victims?
Conclusion
Chapter 7: False Confessions
The Problem of False Confession
Pressures of the Interrogation: What Are They and How Do They Work?
The Interrogation
Psychological and Maturational Processes Relevant to Interrogation
Vulnerabilities to False Confessions
Mental Disabilities and False Confessions
Factors Influencing Likelihood of Confession
Legal and Illegal Drug Effects
Vulnerabilities for Specific Mental Disorders
Schizophrenia Spectrum and Other Psychotic Disorders
What Is the Attorney to Do?
What Does the Consultant Need?
Conclusions
Chapter 8: Juveniles
Mental Illness and Substance Abuse in the General Population
Service Utilization
Mental Illness among Youth in the Juvenile Justice System
Adolescent Brain Development
Cognitive and Academic Functioning
Motion to Suppress Statement

Representing People with Mental Disabilities A Practical Guide for Criminal Defense Lawyers.

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