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The Importance of Competency in the Criminal Justice System with Dr. Eric Drogin
Manage episode 407533672 series 3559714
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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.
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