MDLPA: Intersection Between the Americans with Disabilities Act and the Criminal Trial Process

Presented By Heather Ellis Cucolo, JD | Michael Perlin, JD
Heather Ellis Cucolo, JD Michael Perlin, JD

1.5 Hours | 1.5 CEs

This on-demand professional training program on Intersection Between the Americans with Disabilities Act and the Criminal Trial Process is presented by Michael Perlin, JD, and Heather Ellis Cucolo, JD, in partnership with Mental Disability Law and Policy Associates, LLC (MDLPA).

This program considers the application of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101 et seq.) to select pertinent aspects of the criminal justice process and system. Although this correlation is remarkably under-considered in academia and binding caselaw, it is one that should be of great interest to those who work in all facets of the criminal justice system, as well as to researchers who have considered the application of the ADA to criminal adjudication. The presenters focus on issues that affect persons with a mental illness or disability in the trial process and particularly examine how specific factors, such as quality of counsel, court interpretation, and expert testimony, influence the protection of disability rights. The program also focuses on the use of civil litigation, through Title II of the ADA, to effectuate legal remedies and enforce the application of constitutional rights during the criminal trial process and subsequent confinement, looking at what impact, if any, the ADA has had for civil plaintiffs alleging harm and failure to accommodate their disability. After a full discussion of the issues presented, an analysis of the impact and benefit of therapeutic jurisprudence on this area is examined.

This program is intended for professionals and scholars working at the intersection of disability rights and the criminal justice system. It is especially valuable to judges, attorneys, law enforcement, correctional staff, mental health professionals, ADA compliance officers, and researchers focused on criminal law or disability policy. Policymakers and advocates seeking to understand and improve the application of the ADA within the trial process and confinement settings will also benefit.

Intended Audience

This on-demand professional training program is intended for mental health and other allied professionals

Experience Level

This on-demand professional training program is appropriate for beginner, intermediate, and advanced level clinicians.

CE / CPD Credit

APA, ASWB, CPA, NBCC Click here for state and other regional board approvals.

Learning Objectives

Upon completion of this program you will be able to:

Describe specific issues in the criminal trial and adjudication process that affect persons with a mental illness or disability

Describe the significance of quality counsel, expert testimony, and judicial rulings in the protection of the rights of persons with a disability

Describe how civil rights litigation under Title II of the ADA has addressed the abysmal conditions and harsh environments of prisons and on death rows

Describe how the framework of therapeutic jurisprudence and the need for dignity and compassion can enhance positive outcomes in the overall process

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Presented By

Heather Ellis Cucolo, JD

Heather Ellis Cucolo is a Distinguished Adjunct professor of law and the facilitator of the joint JD/MA program with John Jay College of Criminal Justice, at New York Law School (NYLS). She is also an adjunct professor in the JM Program at Emory University School of Law, and a Fellowship faculty mem...

Presented By

Michael Perlin, JD

Michael L. Perlin is Professor of Law Emeritus at New York Law School (NYLS), founding director of NYLS’s Online Mental Disability Law Program, and founding director of NYLS’s International Mental Disability Law Reform Project in its Justice Action Center. He is also the co-founder of Mental Disabil...

Curriculum

1. The ADA

2. The Criminal Trial Process

3. The Death Penalty

4. Therapeutic Jurisprudence (TJ)

Develop a Specialty Area of Practice

Transforming mental health professionals into experts

Expert Instructors

Professional training developed and delivered by the field's leading experts

CE Credit

Earn CE credit for meaningful professional training that will elevate your practice

Convenience & Flexibility

Learn at your own pace, from wherever you might be!

Program Partner

Mental Disability Law and Policy Associates

We are proud to partner with Mental Disability Law and Policy Associates, LLC for this training. MDLPA is a boutique educational training company that offers specialized mental disability law consulting, the creation or enhancement of distance learning programs, in-house or online courses, and day or weekend training seminars to reputable organizations, educational institutions, professional groups, and advocacy groups focused on providing advanced knowledge and skills to persons working with marginalized populations.

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