Excerpt: Representing People with Mental Disabilities, 2nd Edition

The following is an excerpt from Dr. Elliot Atkins and Joshua Shields chapter on Working with the Expert: From the Perspective of Experts

The public’s awareness and interest in mental health has grown considerably in the past decade. Cultural artifacts focused on mental health and mental disabilities abound: literature, television shows, film, digital media, social media, and so on. This recent growth of media content often attempts to reveal the perspective of those who suffer from mental illness and portray the perspective of those who treat them.

Whether through an empathetic lens that seeks to educate or one of morbid curiosity (e.g., the rise of “true crime” podcasts), it isn’t difficult to find people fervently discussing mental illness in their daily lives. Socio-political events, global pandemics, and the forms of media mentioned earlier are all factors that have led to an increased awareness regarding the effects of mental health and how to treat those with mental health issues. While not universal, in the United States there is a trending societal shift in which mental disabilities, and those suffering from them, are viewed in a more compassionate and considerate

manner. Furthermore, the legal system has recently fallen under considerable scrutiny for perceived failings in dealing with inequality, including unequal treatment of those with mental disabilities. With these factors in mind, the importance of accurately identifying and understanding a client’s mental disability has never been as powerful, or as important, as it is today.

Processing and conceptualizing the effects of a potential lifetime of mental disability with a client can be a daunting task. One must take into consideration how the defendant’s mental illness or intellectual/developmental disability may have impacted their life prior to, during, and after the offense. It is in this domain that it is recommended the attorney employ a forensic mental health professional. This professional will investigate, conceptualize, and advise on the mental illness of the client, and how that conceptualization may be used in an effective defense for the client.