Last summer, something monumental happened. One of Uncuffed's founding producers, Greg Eskridge, came home after more than 30 years in prison. In this episode we’ll bring you back to that emotional day last summer when he walked out of the San Quentin gates, free at last. Our work in prisons is supported by the California Arts Council, the California Department of Corrections and Rehabilitation, independent foundations, and donations from listeners like you. Learn more, sign up for Uncuffed news, and support the program at www.weareuncuffed.org Follow us @WeAreUncuffed on Instagram and Facebook Transcripts are available within a week of the episode coming out at www.kalw.org/podcast/uncuffed…
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Post-Conviction Remedy in Criminal Cases
Manage episode 442957101 series 3559714
Content provided by Elizabeth Kelley and Elizabeth kelley. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Elizabeth Kelley and Elizabeth kelley or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ro.player.fm/legal.
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 decision in Dusky may apply to 2254 or 2255 motions
What is federal compassionate release
Is failure of the Bureau of Prisons to provide adequate medical treatment grounds for filing a motion for compassionate release
What is the US Sentencing Commission
Zachary Segal, is a graduate of Touro Law Center, where he was a member of the Touro Law Review, publishing two articles discussing the Sixth Amendment's Right to Effective Assistance of Counsel for non-citizens and the disparate treatment of cryptocurrencies. He also interned with the Federal Defenders of New York in the Eastern District, Brooklyn Defender Services, the Honorable Joseph F. Bianco (then-United States District Judge for the Eastern District of New York, now Circuit Judge, Second Circuit), and the Honorable Associate Justice Robert J. Miller (Appellate Division, Second Judicial Department).
Born in Montreal, Zach attended the University of Ottawa where he double-majored in political science in history. After graduating, he worked at the Aleph Institute, a nationally recognized prisoner’s right organization, where he advocated for the religious rights of inmates. Zach speaks French and is conversational in Spanish and Hebrew.
Since working at L&K, Zach has been involved in all stages of a criminal case, ranging from preliminary investigations through post-conviction relief. He has argued motions before federal and state courts, as well as appeals before the state appellate courts. Of particular note, in his 5 years practicing, Zach’s advocacy has resulted in post-conviction reductions in sentence for 11 people, of approximately 65 years and one life sentence.
21 episoade
DistribuieManage episode 442957101 series 3559714
Content provided by Elizabeth Kelley and Elizabeth kelley. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Elizabeth Kelley and Elizabeth kelley or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ro.player.fm/legal.
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 decision in Dusky may apply to 2254 or 2255 motions
What is federal compassionate release
Is failure of the Bureau of Prisons to provide adequate medical treatment grounds for filing a motion for compassionate release
What is the US Sentencing Commission
Zachary Segal, is a graduate of Touro Law Center, where he was a member of the Touro Law Review, publishing two articles discussing the Sixth Amendment's Right to Effective Assistance of Counsel for non-citizens and the disparate treatment of cryptocurrencies. He also interned with the Federal Defenders of New York in the Eastern District, Brooklyn Defender Services, the Honorable Joseph F. Bianco (then-United States District Judge for the Eastern District of New York, now Circuit Judge, Second Circuit), and the Honorable Associate Justice Robert J. Miller (Appellate Division, Second Judicial Department).
Born in Montreal, Zach attended the University of Ottawa where he double-majored in political science in history. After graduating, he worked at the Aleph Institute, a nationally recognized prisoner’s right organization, where he advocated for the religious rights of inmates. Zach speaks French and is conversational in Spanish and Hebrew.
Since working at L&K, Zach has been involved in all stages of a criminal case, ranging from preliminary investigations through post-conviction relief. He has argued motions before federal and state courts, as well as appeals before the state appellate courts. Of particular note, in his 5 years practicing, Zach’s advocacy has resulted in post-conviction reductions in sentence for 11 people, of approximately 65 years and one life sentence.
21 episoade
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1 Youthful Offenders and Mental Health: Insights from Judge Jay Blitzman 21:40
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Redare mai Târziu Redare mai Târziu Liste Like PlăcutIn 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 "juvenile" due to its pejorative connotations and the preference for terms like "children," "youth," and "young people" to support a more positive and strength-based approach. The ongoing challenges in providing adequate due process protections for youthful offenders and the need for a holistic approach to their legal representation. The importance of developing trust and effective communication strategies with youthful clients, especially those who have experienced trauma and distrust the legal system. Observations on effective advocacy by criminal defense lawyers in youth courts, highlighting the importance of relationship-building, client-directed advocacy, and ensuring that youthful clients feel truly heard and represented. Hon. Jay D. Blitzman, (retired) served as the First Justice of the Massachusetts Middlesex Juvenile Court. Prior to his judicial appointment he was a public defender who was a co-founder and the first director of the Roxbury Youth Advocacy Project, an interdisciplinary public defender’s unit which was the template for the creation of the statewide Massachusetts Youth Advocacy Division. He was also a co-founder of Citizens for Juvenile Justice (CfJJ). Since his judicial retirement, he has consulted for the Sixth Amendment Center (6AC) and served as the interim Executive Director of Massachusetts Advocates for Children and serves MAC as an Emeritus Policy Advisor. Jay consults on juvenile, criminal and child welfare issues, mentors attorneys, and holds teaching positions at Harvard Law School (Trial Advocacy), Northeastern Law School (Juvenile Law) and Boston College Law (The Cradle to Prison Pipeline). Jay is also on the faculty at the Center for Law, Brain & Behavior focusing on late teen and emerging adult issues (CLBB- M.G.H. & Harvard Medical School. He also was an affiliate of the Boston University Center for Antiracist Research. Jay writes and presents frequently on a wide array of issues related to advancing equity and deconstructing the cradle to prison pipeline. Recent articles include, Cheating The Evidence To Get To Best Interest (Family Court Review, Hofstra Law 2024), Let The Sunshine In (ABA Criminal Justice 2024), Let’s Follow The Science on Late Adolescence” (ABA Criminal Justice 2022), The State of Juvenile Justice 2018-2024 (ABA Criminal Justice), Shutting Down The School to Prison Pipeline (ABA Human Rights 2021, Open The Doors (Mass. L. Rev. 2021), Justice for Some: A Tale of Two Americas (Civic Right Institute Juvenile Justice Update 2020), and Deconstructing The School to Prison Pipeline (BBA Journal 2018). Jay serves on the boards of directors of Discovering Justice, Massachusetts Mental Health Advisory Committee, and is a member of the advisory boards of Citizens for Juvenile Justice (CfJJ) ,UTEC, and Northeastern Law School’s Cradle to Prison and Salus Populi (Social Determinants of Public Health). Jay is also a Massachusetts Advocates for Justice Fellow working with More Than Words (MTW). On November 2, 2024 Jay received the Massachusetts Psychological Association’s Humanitarian of the Year Award. In 2023 Jay was the first recipient of CfJJ’s Youth Juvenile Justice Icon award and was the 2019 ABA Livingston Hall Juvenile Justice Award. Other recognition includes being the first person to receive the MBA Juvenile & Child Welfare Section Award, the 2023 Boston College Law School Holland Lifetime Achievement Award, the Lowell 100 award, the Judge Paul Chernoff Servants of Justice Award and the Rebecca Pries Adolescent Consultation Services Indispensable Friend Award. Massachusetts’ public defender system annually presents annually the Jay Blitzman Award for Youth Advocacy.…
1 Substance Use Disorder: Legal Implications and Treatment Options 20:22
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Redare mai Târziu Redare mai Târziu Liste Like PlăcutIn 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 disorder, including the importance of agonist therapies. The role of criminal defense lawyers in presenting substance use disorder as a mitigating factor in court. The stigma surrounding medication-assisted treatments and the misconceptions held by the criminal justice system. Important qualities for criminal defense lawyers to look for when retaining an addiction expert. The long-term effects of substance abuse on brain health and cognitive functions. Dr. Carol J. Weiss MD is a Clinical Associate Professor of Psychiatry and Clinical Associate Professor of Psychiatry in Medicine at Weill Cornell Medical College, New York-Presbyterian Hospital. She is Board Certified in General Psychiatry, Addiction Psychiatry, and Addiction Medicine. She has served in a forensic capacity as an expert witness, substance use evaluator, or neutral monitor, primarily in matrimonial matters, for over 30 years. She is the Associate Medical Director of the Weill Cornell Center for Trauma and Addiction. She has worked both in private practice and with underserved populations such as people with HIV/AIDS, adolescents with addiction, and veterans. She is the author of “Protocol Design and Implementation for Monitoring Parental Substance Use in Child Custody Litigation” in Family Court Review (July 2021) and “ Representing People with Substance Use Disorders”, in “Representing People with Mental Disabilities: A Practical Guide for Criminal Defence Lawyers”, 2nd Edition, Elizabeth Kelley (ed), American Bar Association, (July 2024).…
1 Post-Conviction Remedy in Criminal Cases 32:49
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Redare mai Târziu Redare mai Târziu Liste Like PlăcutIn 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 decision in Dusky may apply to 2254 or 2255 motions What is federal compassionate release Is failure of the Bureau of Prisons to provide adequate medical treatment grounds for filing a motion for compassionate release What is the US Sentencing Commission Zachary Segal, is a graduate of Touro Law Center, where he was a member of the Touro Law Review, publishing two articles discussing the Sixth Amendment's Right to Effective Assistance of Counsel for non-citizens and the disparate treatment of cryptocurrencies. He also interned with the Federal Defenders of New York in the Eastern District, Brooklyn Defender Services, the Honorable Joseph F. Bianco (then-United States District Judge for the Eastern District of New York, now Circuit Judge, Second Circuit), and the Honorable Associate Justice Robert J. Miller (Appellate Division, Second Judicial Department). Born in Montreal, Zach attended the University of Ottawa where he double-majored in political science in history. After graduating, he worked at the Aleph Institute, a nationally recognized prisoner’s right organization, where he advocated for the religious rights of inmates. Zach speaks French and is conversational in Spanish and Hebrew. Since working at L&K, Zach has been involved in all stages of a criminal case, ranging from preliminary investigations through post-conviction relief. He has argued motions before federal and state courts, as well as appeals before the state appellate courts. Of particular note, in his 5 years practicing, Zach’s advocacy has resulted in post-conviction reductions in sentence for 11 people, of approximately 65 years and one life sentence.…
1 Neuroimaging in Criminal Cases 20:05
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Redare mai Târziu Redare mai Târziu Liste Like PlăcutThis 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 experienced criminal defense attorney who handles a wide variety of criminal cases throughout the state of Florida. Mr. Cobb was born and raised in Northwest Florida, living in cities such as Pensacola, Fort Walton Beach, Cantonment, Okaloosa Island, Shalimar and Crestview. He is dedicated to helping the people in and around the First Judicial Circuit of Florida receive the best possible results in their criminal cases. Stephen G. Cobb received his Bachelor of Arts in History from the University of Missouri in 1986, with an additional coursework in history and law at the Victoria University of Manchester (England). He then returned to Florida to receive his Juris Doctorate from Florida State University College of Law in 1989. Since 1990, he has focused solely on the practice of criminal defense within the state of Florida. By dedicating his law practice exclusively to criminal defense, Stephen G. Cobb has guided numerous clients to successful outcomes in their cases. He has litigated more than 10,000 criminal cases in Florida, ranging from DUI to first degree murder, and he won his first capital case in 1998. No charge is too minor or too severe to be handled by the law firm of Stephen G. Cobb. Stephen G. Cobb is a life member of the Florida Association of Criminal Defense Lawyers and the National Association of Criminal Defense Lawyers. In 2002, the Florida Bar Association recognized him as a Certified Criminal Trial Law Specialist, which is the highest level of recognition by that association, and he was recertified in 2023. Website: https://www.cobblawfirm.com/about-the-firm/…
1 Working with the Forensic Mental Health Expert 23:28
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Redare mai Târziu Redare mai Târziu Liste Like PlăcutThis 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.…
1 Mastering Mental Health Evaluations: Insider Tips for Attorneys with Criminal Defense Lawyer Marcia G. Shein 21:39
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Redare mai Târziu Redare mai Târziu Liste Like PlăcutIn 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 in order How her master’s degree in psychology makes her more alert to issues that people may have, and how an average practitioner can be particularly sensitive to the red flags Where she looks for specific qualified experts, and what she is looking for in them What essential components she looks for in a good evaluation, and how she effectively uses the report for purposes of mitigation Why most lawyers are hesitant in presenting mitigating factors Practical aspects for newer attorneys in terms of achieving records and waivers, bringing in mental health experts Why it’s important that attorneys use their instincts and intuition in addition to listening to their clients Marcia G. Shein is a nationally recognized attorney in matters of federal trial, plea, sentencing mitigation, appellate, and post conviction litigation. She has consulted with some of the best federal criminal defense attorneys in the nation on these matters as well as at trial to protect case mitigation issues for sentencing and appeal should the client be convicted. She has a Master’s Degree in Psychology from Nova University and was a family therapist before becoming an attorney. Attorney Shein is a life member of NACDL and Past President of the Georgia Association of Criminal Defense Lawyers. She has written numerous articles that have appeared in publications such as The Champion, The Federal Lawyer, and The Georgia Defender. These articles discuss topics such as the Federal Sentencing Guidelines, mental health issues, post Traumatic Stress Disorder, and treatments. She has represented clients from Alaska to Maine as well as beyond U.S. borders in complicated federal criminal cases. Attorney Shein has served as an adjunct instructor of legal and psychology courses for the Criminal Justice Programs for Broward Community College and Nova University in Florida, Troy State University in Alabama, and Kaplan University in Chicago. Attorney Shein's office is located at 2392 North Decatur Road, Decatur, GA 30033. 404-633-3797 (voice). Website: https://federalcriminallawcenter.com/ Book: https://www.amazon.com/Love-Lies-Marcia-Shein/dp/1480988847 Disclaimer: Anything discussed in this episode is not legal advice, but commentary on experience.…
1 Criminal Responsibility: Mental Health Defenses and Forensic Evaluations with Professor Lucy Guarnera 26:28
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Redare mai Târziu Redare mai Târziu Liste Like PlăcutThis 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 for the forensic mental health expert The resources that Prof. Guarnera suggests for finding mental health experts Four critical components of a thorough evaluation, and how a criminal defense lawyer can assist the forensic expert in conducting that evaluation Why it’s so important for criminal defense attorneys to know and understand statutes and case laws of their state What kind of tests are typically performed in evaluations, and where their focus lies Dr. Guarnera is a licensed clinical psychologist and Assistant Professor of Psychiatry and Neurobehavioral Sciences at the Institute of Law, Psychiatry, and Public Policy (ILPPP) at the University of Virginia. She received her doctorate in clinical psychology from the University of Virginia. As a clinician, she completed a predoctoral internship focused on traumatic stress based at the Crime Victims Research and Treatment Center at the Medical University of South Carolina, as well as postdoctoral fellowships in forensic psychology and mental health law at the University of Virginia. She has conducted hundreds of forensic evaluations and testifies regularly as an expert witness. As a researcher, Dr. Guarnera seeks to improve the fairness and accuracy of the legal system, both by studying biased decision-making among forensic experts and by investigating the legal experiences of vulnerable individuals, such as adolescents and trauma victims. Dr. Guarnera’s original research on the legal experiences of women who become pregnant from rape was honored with the Best Dissertation Award and multiple grants from the American Psychology-Law Society. She is an adjunct instructor in the University of Virginia Psychology Department and also co-coordinates the ILPPP’s training program for forensic professionals, with a focus on children, adolescents, and the law. She lives in Scottsville, Virginia, with her family. Social media handles: Website: https://www.ilppp.org/ Email: guarnera@virginia.edu…
1 The Importance of Competency in the Criminal Justice System with Dr. Eric Drogin 27:50
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Redare mai Târziu Redare mai Târziu Liste Like PlăcutThis 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 Competency to stand trial vs. competency to plead guilty What red flags criminal defense lawyers should be alert to How to find the right diagnosing expert for your client Differences in forensic mental health experts and treating doctors What types of tests are administered to determine competency Who decides if the client is competent after the evaluation When habilitation becomes the point of focus, and how to keep this from becoming a revolving door situation At what point this work becomes the entree to a number of different medically and/or psychologically informed issues What the mental health expert who is evaluating for competency to proceed determine What practice point Dr. Drogin has for newer attorneys having their first case in this area Eric Y. Drogin, J.D., Ph.D., ABPP is a Fellow of the American Psychological Association, a Fellow of the American Academy of Forensic Psychology, and a Diplomate and former President of the American Board of Forensic Psychology. He currently holds faculty appointments with Harvard Medical School, the Harvard Mass General Brigham Forensic Psychiatry Fellowship, the Brigham and Women’s Hospital (BWH) Harvard Medical School Psychiatry Residency Training Program, and the Beth Israel Deaconess Medical Center (BIDMC) Harvard Psychiatry Residency Training Program. He is the Affiliated Lead of Psycholegal Studies for the Psychiatry, Law, and Society Program (at BWH), and participates in the Forensic Psychiatry Service (at BIDMC) and the Program in Psychiatry and the Law (at Massachusetts Mental Health Center). Dr. Drogin is a Life Fellow of the American Bar Foundation and a former Chair of the American Bar Association’s Section of Science and Technology Law. His multidisciplinary practice encompasses mental health law, expert witness testimony, and trial consultation.…
1 Unlocking Justice: Navigating the Criminal System for Individuals on the Autism Spectrum with Professor Larry Dubin 27:23
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Redare mai Târziu Redare mai Târziu Liste Like PlăcutThis 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: What challenges are faced by people with autism spectrum disorder in the criminal justice system How Professor Dubin helps people on the spectrum navigate “their new world” in the system Why people on the spectrum are more likely to commit certain kinds of crimes 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 What improvements can be made by the criminal justice system to be more fair, equitable, and accessible for people on the spectrum The boilerplate knowledge that judges and prosecutors need to have in order to competently and humanely handle these cases 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…
1 A Father’s Journey: When Your Child Has Bipolar Disorder 26:21
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Redare mai Târziu Redare mai Târziu Liste Like PlăcutThis 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 done in Virginia to implement better mental health and crisis intervention training in their criminal justice departments Advice from one parent to others Senator Creigh Deeds has represented the 25th District in the Senate of Virginia since 2001, when he won a special election after serving for 10 years in the House of Delegates. Sen. Deeds is the Co-Chair of the Judiciary Committee and chairs the Behavioral Health Commission and the Capital Outlay Subcommittee. The National Alliance on Mental Illness honored Sen. Deeds with the Richard T. Greer Advocacy Award for his efforts to reform mental health, and the American Psychological Association Practice Organization named him the 2015 State Legislator of the Year Award. His advocacy work has also been acknowledged by NAMI – Virginia, the Psychiatric Society of Virginia, and the American Foundation for Suicide Prevention. Sen. Deeds attended Virginia’s public schools and graduated from Bath County High School in 1976. After completing undergraduate work at Concord College, he received his law degree from Wake Forest University in 1984. Senator Deeds is a lawyer in private practice, and lives in the City of Charlottesville. He is married to Siobhan Deeds and is the proud father of four children and four grandchildren. Twitter/X: @CreighDeeds Website: senatordeeds.com…
1 Autism & The Criminal Justice System - Overcoming Band-Aid Solutions 27:17
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Redare mai Târziu Redare mai Târziu Liste Like PlăcutThis week Elizabeth Kelley talks with her guest, Tom Oliver. The two discuss his journey with an early ASD diagnosis, how it has shaped his career and expertise, and the relevant defenses that Tom has proposed to better protect his clients. In this episode, we discuss: When Tom was diagnosed with autism, and how he felt about it initially How important it is to incorporate occupational therapy into the ASD journey Why it’s so easy for an autistic person to get caught up in the criminal justice system What traits are typically found in people on the spectrum What particular categories of offenses individuals with ASD are most vulnerable to The relevant defenses that Tom has proposed to better protect his clients How he suggests we create instructive accountability in these cases and the people involved What advice he has for the family members of autistic people who are caught up in the criminal justice system Tom Oliver is a TEDx Speaker, Law Graduate at the State Solicitor's Office (WA), Company Director, 2022 Young Australian of the Year Finalist & Global leader on autistic individuals caught up in the justice system. LinkedIn: https://www.linkedin.com/in/tom-oliver-gaicd-b27a2a166/ Instagram: https://www.instagram.com/tomoliverlegal/ Promo: https://en.wikipedia.org/wiki/Off_the_Rails_(2016_film) https://www.amazon.com/Off-Rails-Darius-McCollum/dp/B06Y1956X3 TEDx Talk: https://www.ted.com/talks/tom_oliver_autism_is_not_a_crime https://www.youtube.com/watch?v=i_j5jOadcVc…
This week Elizabeth Kelley talks with her guest, Nick Dubin. The two discuss the intersection of autism spectrum disorders and the criminal justice system. In this episode, we discuss: What common threads Nick has found in the intersection of autism spectrum disorders and the criminal justice system Why jail is an inhumane punishment for individuals on the spectrum What parents can do to guard their autistic children from entering the system due to accidental internet crimes Why it’s so important that conversations about sexuality are being had between parents and their autistic adult children What D3 is doing to bring support and change to families with a loved one on the spectrum wrapped up in the criminal justice system Nick Dubin was diagnosed with Asperger’s Syndrome (now ASD level 1) in 2004. He holds a Bachelor’s Degree in Communications from Oakland University, a Master’s Degree in Learning Disabilities from the University of Detroit Mercy, and a Specialist Degree in Psychology and Psy.D. from the Michigan School of Professional Psychology. Nick had a profound speech delay where he was nonverbal until age 4, had poor fine motor skills, jumped up and down and flapped his arms, was in special education from K-12, and had significant developmental delays that affected him all through his childhood and teenage years. He has authored many books on autism spectrum disorders, including his most current one entitled Autism Spectrum Disorders, Developmental Disabilities and the Criminal Justice System. He co-wrote a peer-reviewed article in 2009 with Professor Janet Graetz on how Spirituality can manifest itself in autistic people published in the Journal of Religion, Disability & Health. He has co-authored two academic book chapters with defense attorney Elizabeth Kelley, published in Carolina Academic Press and the Springer Publishing Company. Nick has personally been involved in the criminal justice system and knows how the process works. Nick’s Medium Page: https://medium.com/blue-notes-to-myself Articles: Click here to download the chapter in Judge Donald's and Professor Sarah Redfield's book, Extending Justice , that was written by Elizabeth and Nick Dubin, entitled "Implicit Bias and People with Mental Disabilities." (July 2022). Books: https://www.amazon.com/Spectrum-Disorder-Developmental-Disabilities-Criminal/dp/1787753611/ref=sr_1_1?crid=10QJPQQK11CUN&keywords=nick+dubin&qid=1701978985&sprefix=nick+dubin%2Caps%2C98&sr=8-1 https://www.amazon.com/Asperger-Syndrome-Anxiety-Successful-Management-ebook/dp/B00DG9MJDS?ref_=ast_author_dp https://www.amazon.com/Asperger-Syndrome-Bullying-Strategies-Solutions/dp/1843108461/?_encoding=UTF8&pd_rd_w=32uSR&content-id=amzn1.sym.cf86ec3a-68a6-43e9-8115-04171136930a&pf_rd_p=cf86ec3a-68a6-43e9-8115-04171136930a&pf_rd_r=131-7471386-1389754&pd_rd_wg=doobX&pd_rd_r=5f35071f-d4c7-4120-a04d-73e11a5b15c5&ref_=aufs_ap_sc_dsk https://www.amazon.com/Autism-Spectrum-Sexuality-Law-professional/dp/1849059195/?_encoding=UTF8&pd_rd_w=RtDr9&content-id=amzn1.sym.cf86ec3a-68a6-43e9-8115-04171136930a&pf_rd_p=cf86ec3a-68a6-43e9-8115-04171136930a&pf_rd_r=131-7471386-1389754&pd_rd_wg=9DsSx&pd_rd_r=3519f889-4787-41ef-915c-f988f8058a1d&ref_=aufs_ap_sc_dsk…
This week Elizabeth Kelley speaks with guest, Dr. Laurie Sperry. The two talk discuss how to better understand autism spectrum disorder, why so many autistic people enter the criminal justice system, and what we can do to make it fair across the spectrum by making the autism matter. In this episode, we discuss: What autism is, and more importantly, what it is not What theory of mind is, and why it is often confused for empathy Why it is so important for neurotypicals to understand the characteristics of autism spectrum disorder Why people on the spectrum get caught up in the criminal justice system, and what types of offenses they are often charged with What can parents do to prevent their autistic child from entering the criminal justice system What benefit can be found in parental controls and monitoring software How uneven development can be explained and fully understood Why cognitive rigidity is valid in a courtroom Laurie Sperry, Ph.D., BCBA-D, MSc Forensic Psychology, Criminal Investigation Dr. Laurie Sperry is a Board Certified Behavior Analyst- Doctoral and the Director of Autism Services And Programs in Wheat Ridge, Colorado. She has worked as a developer of the Neurodiverse Student Support Program at Stanford University, School of Medicine, Department of Psychiatry. Prior to joining Stanford, she was an Assistant Clinical Faculty at Yale University, Department of Psychiatry. In 2006 she was added to the Fulbright Scholarship’s Senior Specialist Roster for Autism. She moved to Australia in 2010 and worked at Griffith University in the Department of Arts, Education and Law. Her research focuses on people with ASD who come in contact with the criminal justice system to ensure their humane and just treatment. She has served as a Special Interest Group Chairwoman at the International Meeting for Autism Research (IMFAR) providing mentoring and leadership in the field of criminality and ASD. She has provided training to secure forensic psychiatric facilities across the globe and presented at the International Conference for Offenders with Disabilities. She has published numerous articles and book chapters and was an expert panelist at the American Academy of Psychiatry and Law conference where she spoke on Risk Assessment, Management and ASD. She has completed ADOS evaluations in prisons, has testified as an expert witness in sentencing hearings, has written amicus curiae briefs and participated in cases that have been considered before state supreme courts. Website: http://www.asapsperry.com/…
1 Advocating for Innocent Spouses 28:08
28:08 Redare mai Târziu Redare mai Târziu Liste Like Plăcut28:08
Redare mai Târziu Redare mai Târziu Liste Like PlăcutThis week Elizabeth Kelley talks with her guest, Lisa Lawler. The two discuss why she started the White-Collar Wives Project, what they suggest as steps for survival in these cases, and how it relates to mental health issues. In this episode, we discuss: Why she started the White-Collar Wives Project, and what they do How mental health issues can impact a white-collar case and the people involved What Lisa suggests as steps for survival in these cases, and how to best protect innocent spouses and children What kind of trauma she has seen in the guilty and innocent parties involved in white-collar crimes What type of support groups and resources they offer, and what other therapy she advises for the children of the offender What the White-Collar Wives do to help with white-collar crime prevention Lisa Lawler is a former white-collar wife turned innocent spouse advocate. In 2009 her husband was indicted and arrested for embezzling 2.6 million dollars from a prominent teaching hospital in New England. Although most of the stolen funds were recovered, her husband was sentenced to two years in prison and five years of probation. In the aftermath of this devastating event, in 2014, Lisa created an international support group for white-collar wives, and membership is now in the triple digits and spans four continents. In 2018, Lisa published The White-Collar Wives Survival Guide to provide much needed guidance for families on how to navigate the dire legal, economic, and emotional fallout that spouses and children of the perp are saddled with. Over the past ten years, Lisa has amassed unique insights into the perps who commit white-collar crimes and has utilized this knowledge to create a groundbreaking anti-fraud webinar series based on her up close and personal experience with perps and their families. This series brings a new perspective and new tools to the deterrence space, and has been widely embraced by corporations and business associations. Lisa says, "White-collar crimes are a reflection of the global pandemic of diseased minds." Her work has been featured in the New York Times, Forbes, ABA Journal, and national podcasts. Website: thewhitecollarwivesproject.org FB: https://www.facebook.com/thewhitecollarwivesproject LinkedIn: https://www.linkedin.com/in/lisamayeslawler/ Contact: lawlerlisa1@gmail.com…
1 Neuroscientist: Dispeller of Myths 26:55
26:55 Redare mai Târziu Redare mai Târziu Liste Like Plăcut26:55
Redare mai Târziu Redare mai Târziu Liste Like PlăcutDr. Colleen Berryessa This week Elizabeth Kelley talks with her guest, Dr. Colleen Berryessa. The two discuss about her expertise in the importance of having an expert involved in criminal cases with people who have autism spectrum disorder, and how neuroscience is used to better understand decision-making and the behavior of others and ourselves. She also share her insight regarding people with autism in the criminal justice system. In this episode, we discuss: How Colleen became interested in the field of Autism Spectrum Disorder How Colleen cultivated her expertise in the importance of having an expert involved in criminal cases involving people with Autism Spectrum Disorder What misunderstandings often come up in cases of this nature and how experts act as dispellers of the myths Why mass media portrayals of people with Aspergers Syndrome or high-functioning autism do a huge disservice to the Autism community What services should be provided to incarcerated people on the spectrum to allow for comfortability and a better understanding of their situation How to join Dr. Berryessa’s virtual book launch How to use neuroscience to better understand decision-making and the behavior of others and ourselves Dr. Colleen Berryessa is an Assistant Professor at the School of Criminal Justice at Rutgers University. Her research, utilizing both qualitative and quantitative methods, considers how psychological processes, perceptions, attitudes, and social contexts affect the criminal justice system, particularly related to courts, sentencing, and forms of punishment broadly defined. She primarily examines these issues, using interdisciplinary methodologies, in relation to three areas: 1) how psychological and social phenomena influence public perceptions, support, and subsequent consideration of practices, policies, and the philosophical foundations surrounding sentencing; 2) how psychological and social phenomena influence the discretion and decision-making of criminal justice actors during the sentencing process; and 3) how psychological and social phenomena bear on motivations for and effects of expanded forms of legal and social punitiveness beyond the formal punishment stages of the criminal justice system. Dr. Berryessa received her Ph.D. in Criminology from the University of Pennsylvania in 2018. Before Penn, she graduated from Harvard University with a B.A. in Government and Mind, Brain, and Behavior, and she served as a CIRGE research fellow at Stanford University. Instagram: https://www.instagram.com/cmberry_13/…
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