The Presumption of Innocence - Episode 51

Legal Listening: The Fox Rothschild LLP Podcast

Episode 51 A Higher Duty of Care: Representing Clients Living With Mental Illness The defense of clients experiencing mental health issues is one of the most challenging and nuanced aspects of criminal law. An estimated one-third to one-half of incarcerated individuals live with some form of mental illness and often find themselves at the mercy of a criminal justice system that offers little relief or recourse. Elizabeth Kelley, a New York City criminal defense lawyer, joins host Matt Adams to explain how attorneys can best advocate for and represent clients who experience mental illness. Elizabeth, who is also the editor of the ABA-published book Representing People With Mental Disabilities: A Practical Guide for Criminal Defense Lawyers, explores the hurdles that criminal defense attorneys can encounter as they strive to secure optimal outcomes for their clients. In a compassionate conversation based on their personal experiences representing clients who experience mental illness, Elizabeth and Matt discuss the afflictions most prevalent among those traversing the criminal justice system, including juveniles and veterans. They also detail the critical role played by a forensic mental health expert, who is best equipped to assess a defendant’s competency and sanity according to their legal definitions.