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
Competency to Stand Trial
Sentencing/Mitigation
Ineffective Treatment for Youth Involved in the Juvenile Justice System
Chapter 9: Juvenile Sex Offenses
Myths about Juveniles Who Sexually Offend
Sexual Offending and Normative Development
Mental Health Issues
Making the Most of an Expert Evaluation
Juvenile Sex Offender Risk Assessment Best Practices
Chapter 10: Forced Medication
The Beginnings of Forced Medication
Medication and Restoring Competence
Practice Tips for a Forced Medication (aka Sell) Hearing and Questions to Explore
Conclusion
Chapter 11: Mental Health Courts
What Is a Mental Health Court and Why Do We Have One?
What Should I Expect in a Mental Health Court?
How Is This Different from a Drug Court?
What Does an Ideal Treatment Plan Include?
Supported Employment.

What If My Client Has Substance Abuse Issues?
Why Should I Let My Client Talk to the Judge?
Shouldn't I Just Get My Client Out of Jail?
Ethical Tensions for Defense Attorneys
Conclusion: Where Are We Going from Here?
Chapter 12: Veterans Treatment Courts
The Veterans Treatment Court Concept
Your Clients: Offenders and the Accused with a History of Military Service
Client Identification: The Responsibility Is Yours
Case Transfers and Program Identification
Eligibility: Can My Client Enlist?
Cost and Benefit of Admission: Should My Client Enlist?
Defense Counsel Involvement: Will You Participate?
Chapter 13: Jail and Prison Conditions
Background Scope of the Problem
Overrepresentation in the Criminal Justice System
Know the Law
Preserving the Right to Bring Suit
Deadlines
Dealing with the Risk of Suicide
Intake
Time of Release
Benefits Advocacy
Housing
The Americans with Disabilities Act
What the ADA Does
Access to Programs under the ADA
Rules Violations and Use of Force
Media Outreach
Privacy and Confidentiality
Conclusion
Chapter 14: Working with Clients
Establishing Rapport
Red Flags to Identify Clients with a Mental Disability
Developing a Social History: Gathering the Important Records
Is There a Mental Disability?
Maintaining Boundaries
Conclusion
Chapter 15: Working with Families
Chapter 16: Working with Experts
Selecting an Expert
Avoiding Expert Bias
Qualifying Experts and Overcoming Exclusion
Challenging/Cross-Examining Their Expert
Conclusion
Chapter 17: Neuroscience and Abnormal Brain Function
The Search for Legal Counsel
Competency to Proceed
The Defense of Insanity at the Time of the Offense
Traditional Criminal Defense and Mitigation of Sentence
Neuroscience-Based Mitigation of Sentence.

Settlement Negotiations, Veterans Court, and Sentencing
How to Use Neuroscience in Criminal Court
If Crime Is the Answer, What Is the Question?
Chapter 18: Sex Offender Registration
Sexual Offender Registration Act (SORA)
Sex Offender Registration and Notification Act (SORNA)
The Aftermath of Registration
Residency Restrictions
What If a Client Has an Intellectual/Developmental Disability?
Chapter 19: Standby or Advisory Counsel
Indigent and/or Mistrustful Defendants
Personality Disorder/Laws Don't Apply
The Psychotic Defendant
Chapter 20: Ethics
The ABA Model Rules and Criminal Justice Standards on Mental Health
The Role of Counsel: Balancing Competing Interests
Guidance from Other Practice Areas of the Law
Supported Decision Making
Scenario "Answers"
Conclusion
Suggested Works
Index.