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 "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.

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 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).

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.

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 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/

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.

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 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.

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 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

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

• 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.