Mental Disability Law and Policy Associates

Mental Disability Law and Policy Associates Sharing Disability Information Worldwide and Fostering Online Distance Learning in Mental Disability

Mental disability law is one of the most rapidly growing, and least understood, areas of the law. Interpretations of the Americans with Disabilities Act and the Patients’ Bill of Rights, and of terms such as “dangerousness”, “risk assessment” and “the least restrictive alternative”, are confounding mental health and legal professionals. Issues regarding the civil rights of homeless persons, s*xual

ly violent predators, outpatient commitment, and persons committed to institutions are hotly debated in courts and communities alike. All aspects of the criminal law as it applies to persons with mental disabilities are constantly being reinterpreted. Attorneys representing persons with mental disabilities as well as expert witnesses and advocates must master complex skills. And the relationship between mental disability law and human rights law--both in the U.S. and around the world--is now being subjected to intense scrutiny.

Significant decision that we will discuss in depth in upcoming webinars CONCEPT Professional Training
07/03/2024

Significant decision that we will discuss in depth in upcoming webinars CONCEPT Professional Training

Today, the Supreme Court released a decision in Grants Pass v. Johnson, holding that arresting and ticketing people experiencing homelessness for sleeping outside–even when no safe and accessible public shelter options exist–does not violate the Eighth Amendment’s protection against cruel and unusual punishment. This April, the Bazelon Center joined organizations across the country and filed an amicus (friend-of-the-court) brief, which was cited by Justice Sotomayor in her dissent, about the harms of criminalizing people experiencing homelessness and highlighting proven solutions. Community-based housing and mental health services are far more effective than criminal enforcement in addressing homelessness and supporting people with mental disabilities. Everyone needs a safe place to sleep. The Bazelon Center will continue to advocate for the housing and services that will truly end homelessness.

Read the full decision here:https://www.supremecourt.gov/opinions/23pdf/23-175_19m2.pdf

Read our press release:https://www.bazelon.org/wp-content/uploads/2024/06/Mental-Health-Expert-Grants-Pass-Joint-Statement-6-28-2024.pdf

Image Description:

Navy blue background. In the top left corner, a slanted red rectangle with rounded edges and white text says, “SUPREME COURT.” Immediately below it, a slanted white rectangle with rounded edges and red text reads, “DECISION ALERT.” In the middle of the image, title text reads: in white, “The Supreme Court Upholds that;” in white, underlined, “Laws Criminalizing Sleeping in Public;” in white, “When No Safe and Accessible Shelter Options Exist;” in white, underlined, “Are Not Cruel and Unusual Punishment;” in white, “in Grants Pass v. Johnson.” The bottom left of the post has a red rectangle with rounded edges and white text that says, “BAZELON.ORG.” The bottom right corner of the image has the white Bazelon Center logo.

07/03/2024
Artificial Intelligence, Algorithms and the Impact on Mental Disability Law | 1.5 hours/CEs | September 26, 2024--In thi...
05/22/2024

Artificial Intelligence, Algorithms and the Impact on Mental Disability Law | 1.5 hours/CEs | September 26, 2024
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In this training, we will explore – we believe for the first time ever anywhere – the potential implications of AI for mental disability law decision-making in the areas of (1) civil commitment law, (2) retention and recommitment law, and (3) refusal of involuntary treatment law, predominantly as it relates to the question of diagnosis and right to refuse medication. Register today:

Palo Alto University is offering a specialized live program on Artificial Intelligence, Algorithms and the Impact on Mental Disability Law in partnership with Mental Disability Law and Policy Associates, LLC

03/06/2024

Live Training! Reshaping Law Enforcement Interactions with Persons with a Mental Disability: Suggestions and Solutions | May 15, 2024 | 1.5 Hours | 1.5 CEs
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Presented by Michael Perlin, JD and Heather Ellis Cucolo, JD in partnership with the Mental Disability Law and Policy Associates
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This program will examine what precipitates the "media highlighted" interactions that occur between law enforcement and persons with a mental disability and the misinformation and frustrations that result. The speakers will dissect the broad application of "police reform" and discuss some of the early (and recent) failures that have been instituted across the nation. By analyzing crisis intervention training models (CIT) and other successful programs, the hope is to present effective solutions.

Participants will be offered a road map that will exemplify realistic modifications that have been shown through research and studies to have a beneficial impact on law enforcement and the mental health community as a whole.

Click to register: https://hubs.li/Q02n6nNP0

Mental Disability Law and Policy Associates

04/19/2022

All,
Tomorrow, Prof. Heather Ellis Cucolo and I will -- in partnership with Mental Disability Law and Policy Associates () -- be presenting a one-hour webinar for CONCEPT (at Palo Alto University) on
Traumatic Brain Injury and the Law (1 CE). Designed for professionals working in criminal justice, forensic mental health, and legal settings, this training serves as an introduction to trauma-informed care, and does so through a therapeutic jurisprudence perspective.
Those interested can click here to enroll: https://hubs.li/Q015xP910
Best to all, Michael

My recent article, “In These Times of Compassion When Conformity’s in Fashion”: How Therapeutic Jurisprudence Can Root o...
04/18/2022

My recent article, “In These Times of Compassion When Conformity’s in Fashion”: How Therapeutic Jurisprudence Can Root out Bias, Limit Polarization and Support Vulnerable Persons in the Legal Process , will be published in an upcoming issue of the Texas A&M Law Review.

The almost-final draft is available for free and easy download at https://lnkd.in/eEhm9rZt.

In this paper, I consider the extent to which caselaw has – either explicitly or implicitly – incorporated the precepts of therapeutic jurisprudence (TJ), a sch

Tomorrow, at 3:45 PM (EST), Michael Perlin and Alison Lynch will speak at the Lewis & Clark Law School annual symposium,...
04/16/2021

Tomorrow, at 3:45 PM (EST), Michael Perlin and Alison Lynch will speak at the Lewis & Clark Law School annual symposium, this year on “Justice, Race and Reform: Examining Proposals for Responsive Change.” They will present on the topic “Psychopathy, Punishment and Racial Bias.” The full title of their related paper is “‘I See What Is Right and Approve, But I Do What Is Wrong’: Psychopathy and Punishment in the Context of Racial Bias in the Age of Neuroimaging.” Registration (free) is available here:

Tomorrow, at 3:30,  I will be moderating a panel -- Traumatic Brain Injury, the Criminal Trial Process, and Therapeutic ...
11/12/2020

Tomorrow, at 3:30, I will be moderating a panel -- Traumatic Brain Injury, the Criminal Trial Process, and Therapeutic Jurisprudence – and presenting a paper -- “My Bewildering Brain Toils in Vain”: Why Defense Lawyers and Judges Must Employ Therapeutic Jurisprudence -- at a Zoom conference on Research and Data in Indigent Criminal Defense, co-sponsored by the Indigent Defense Research Association and the Deason Criminal Justice Reform Center of SMU Law School. The panel will also be co-sponsored by the International Society for Therapeutic Jurisprudence. Other panelists include NYLS Adjunct Professor Heather Ellis Cucolo (speaking on Traumatic Brain Injury and the Insanity Defense at Trial), (retired) Judge Kevin Burke (Hennepin County, Minnesota), and Brian Ostrom, the Principal Court Research Consultant with the National Center for State Courts. Here's the Zoom link>>>

The Seventh National Convening on Research and Data in Indigent Defense

06/23/2018

Just back from terrific meeting in San Diego, annual conference of the American College of Forensic Psychology. Here I a...
04/15/2018

Just back from terrific meeting in San Diego, annual conference of the American College of Forensic Psychology. Here I am with Dr. Elliot Atkins (moderating), Dr. Tom Haworth, Gretchen Von Helms, Dr. Valerie McClain and Liz Kelly, talking on a panel on ethical issues in the practice of forensic psychology. Elliot, Tom and Val are all frequent expert witnesses, Gretchen and Liz are experienced criminal defense lawyers. The panel lasted two hours, and we were just getting started... What a great experience!

04/07/2018

I'll be in San Diego later this week, speaking to the American College of Forensic Psychology, presenting a paper (with Dr. Valerie McClain and MDLPA associate Alison Lynch), “Some Things are Too Hot to Touch”: Competency, the Right to S*xual Autonomy, and the Roles of Lawyers and Expert Witnesses," and participating in a panel, "Forensic Skills Workshop: The Role of the Psychologist in Civil and Criminal Litigation." If any MDLPA friends are in the area, I'd love to connect (conference at the Westgate Hotel)

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