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Mentally Disordered Offenders
Criminal cases comprise the majority of our caseload. Our referral sources are typically defense or prosecution attorneys, though we are regularly appointed by the court. We do not favor either the defense or prosecution by orientation or approach. Our cases come as often from public defenders as privately retained or appointed counsel when we conduct defense work. Objectivity and rigor are the hallmarks of our approach irrespective of referral source.
We examine, produce comprehensive reports on, and testify to the major issues in criminal law:
- fitness to stand trial and other competencies such as competency to waive Miranda rights
- criminal responsibility - the insanity defense and variations thereof
- sentencing issues (diminished capacity, mitigation or aggravation, recidivism risk, etc.)
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As insanity and related accountability standards are made stricter, defense challenges in state courts increasingly focus on other competencies. At the federal level, despite the Supreme Court’s 2005 decision rendering sentencing guidelines discretionary, courts continue to consult the guidelines and federal defenders continue to cite provisions that permit downward departure based on mental or cognitive impairments that fail to qualify as insanity. Our ability to diagnose and quantify underlying disabilities (and/or identify feigned impairments), our knowledge of relevant statutes and guideline language, and our efforts to remain abreast of relevant changes in the law, allow a unique translation of clinical findings into legally pertinent conclusions.
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