ELIZABETH KELLEY

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7/22/2018

MENTAL ILLNESS IN FIRST RESPONDERS

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Police officers, firefighter, paramedics, and corrections officers have dangerous jobs and put their lives on the line every day. However, research shows that first responders are more likely to die from suicide than they are to die in the line of duty. First responders face on the job stress daily and experience being taken hostage, being threatened with guns, injuries or deaths of bystanders and co-workers, and watching people die. These critical events can take a serious toll on the mental health of first responders.

Rates of Mental Illness

A Canadian study published in 2017 surveyed 6,000 public safety personnel and found that substantial numbers of the study participants demonstrated symptoms of mental illness. The results indicated that 44.5% of the study participants screened positive for clinically significant mental health symptoms. This statistic is significantly higher than the 10% mental illness diagnostic rate among the general population. The most frequently indicated mental illnesses included post-traumatic stress disorder (PTSD), depression, and panic disorders. The highest rates of these illnesses were found among corrections officers.

The study shows that mental illness among first responders is a serious issue that deserves serious attention. There are obvious factors that could lead to the prevalence of mental illness, but are there adequate treatment options available to these individuals?

Treatment

Among many first responders, there is still a stigma associated with mental illness. These individuals feel that seeking treatment takes away from the perception that they are strong and tough in the face of adversity. They may feel that seeking treatment will put a blemish on their records and prevent them from achieving career advancement. For some, there may be a perception that honesty around mental illness is career-destroying.

Police departments, fire departments and prisons need to create a culture where getting treated for mental health issues is normalized and, in fact, expected of everyone. Departments should treat mental health no differently than physical health. Departments should provide high quality Employee Assistance Programs (EAP) and encourage employees to take advantage of them. In addition, departments should include training on mental health and wellness and make employees aware of available resources. ​

If you or a loved one with a mental illness or intellectual or developmental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058.

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7/15/2018

PEOPLE WITH MENTAL DISABILITY ARE MORE LIKELY TO BE CRIME VICTIMS THAN CRIMINALS

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It’s a common misperception in the media and society that people with mental disabilities are prone to commit crimes. A 2016 analysis by Johns Hopkins University found that more than a third of all news stories related to mental disabilities were linked to violence despite the fact that few violent acts can be attributed to mental disability.

Mental Illness

A new study published in July in JAMA Psychiatry found that, in fact, people with mental illness are more likely to be the victims of crime rather than the perpetrators. The study estimates that one-quarter of all mentally ill individuals are the victim of a crime each year. That’s higher than the rate of violent victimization in general. The study showed that the greatest increase in danger was from violent crime. Men diagnosed with a mental illness had a 76% increase in likelihood that they would be the victim of a violent crime while women’s risk went up nearly three-fold.

These statistics, in contrast with data showing that those with mental illness make up a small number of violent offenders, demonstrate that there are greater risks that a mentally ill individual will be a crime victim than a criminal. Researchers hope that the study will improve understanding of the risk of victimization of the mentally ill and helped change public perception.

Intellectual and Developmental Disability

People with intellectual and developmental disabilities (I/DD) also face a high likelihood of being crime victims. While there is no way to determine exactly how many individuals with I/DD are the victims of crime since many crimes go unreported, researchers estimate that those with I/DD are 4 to 10 times more likely to be crime victims. Individuals with I/DD are seven times more likely to be the victims of sexual assault than the general population. They are more likely to be assaulted by someone they know and are often the victims of repeat assaults. Many of these crimes go unreported and unprosecuted because I/DD victims are frequently not understood or believed. This is in contrast to the lower number of those with I/DD committing crimes.

If you or a loved one with a mental illness or intellectual or developmental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058.​

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7/8/2018

ARE MENTALLY ILL PRISONERS BEING PUNISHED FOR SYMPTOMS RATHER THAN TREATED?

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By some accounts more than half of the prison population in the United States suffers from a mental illness. Once in prison, many of these mentally ill individuals don’t receive treatment and instead their symptoms get worse. The lack of mental health treatment results in many prisoners being punished for their symptoms instead of treated.

Self-Harm Behavior

Incidents of self-harm are common symptoms in some mental illnesses including borderline personality disorder and bipolar disorder. Behaviors such as cutting and suicide attempts require intense treatment. But instead, many prisoners who self-harm face punishment such as being placed in solitary confinement or losing good time. They also face disciplinary hearings rather than therapy sessions. Some states such as Washington, Vermont, and Oregon, have recognized that taking disciplinary action against a prisoner who self-harms does not prevent the behavior. These states have discontinued the policy of punishing those prisoners who self-harm and instead focus on getting help for the prisoners.

Failure to Follow the Rules

A prisoner with a mental illness may not understand that there are rules in prison that must be followed by everyone. Prisons and jails have dozens of rules that prisoners are required to follow, some for safety and some just for the sake of having rules. If a prisoner with a mental illness doesn’t understand where to stand during count, for instance, or where to place his tray after meals, he could be punished. A mentally ill prisoner who suffers from paranoia may be afraid to follow the rules. Situations like auditory or visual hallucinations can sometimes lead to mentally ill prisoners disregarding rules and being punished.

Corrections officers usually aren’t trained on how to recognize mental illness and therefore are unable to determine if someone is acting out because of their illness or just being disobedient. Officers are trained to take control of a situation and when someone steps out of line they are trained to discipline.

Solitary Confinement

Punishment in prison for self-harm, rule breaking, or other outbursts usually involves some sort of segregation from the rest of the prison population. Solitary confinement can harm individuals with no mental illness. It has an especially detrimental effect on those who are already suffering. Being shut in a windowless room without access to other humans can exacerbate the symptoms of the mentally ill and lead to further punishment that places a mentally ill prisoner in an endless cycle.
If you or a loved one with a mental illness has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058.​

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7/1/2018

False confessions

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According to the National Registry of Exonerations, 23% of overturned homicide cases involved a false confession. As of 2018, 280 people have had their convictions overturned based, at least in part, on false confessions. Cases such as that of Henry Lee McCollum, a 19-year old with I/DD, who falsely confessed to the rape and murder of a child under intense police interrogation, demonstrate that people with I/DD and mental illness are uniquely susceptible to false confessions.

How Interrogations Work

In the book Representing People with Mental Disabilities, William C. Follette, Richard Leo, and Deborah Davis note in their chapter on False Confessions:

“The first goal of an interrogator is to question the suspect freely. To accomplish this and other goals, it is best not to raise resistance in the suspect to being questioned or to the interrogator. The interrogator may attempt to question the suspect, while not informing him or her that or she is suspected of the crime. Sometimes police ask people to come in for an interview to ‘help them’ with the investigation, but with no clarification about whether the person is actually a suspect or merely someone providing ‘helpful’ information this strategy also helps avoid the necessity of administering Miranda warnings that might make clear one’s status as a suspect and raise unwanted resistance. These are only required if the suspect is under arrest or would reasonably not feel free to refuse questioning. In many cases an interrogator can successfully proceed from the seemingly friendly ‘helping with the investigation’ phase of questioning into a long accusatory interrogation that results in a confession before Miranda rights are brought up.”

What Factors Can Lead to a False Confession?

  • Inability to Tolerate Distressing Situations--interrogations are designed to increase anxiety. People with I/DD and mental illness can find it challenging to manage the distress and regulate emotions. They may also lack the capacity to understand that what they do now can impact them in the future and end up confessing in order to put an end to an intolerable situation.
  • Desire to Please Authority Figures--Many people with I/DD may not know that the police are not always on their side. People with I/DD may have problems detecting when a police officer is being deceptive and may even be convinced that they did, indeed, commit the crime in question.
  • Lack of Understanding of Their Rights--some people with I/DD and mental illness lack the capacity to understand their constitutional rights. They may feel they don’t need an attorney because they didn’t do anything wrong. They may agree that they understand Miranda warnings in order to avoid a stressful situation.
Contact an Experienced Criminal Defense Attorney ​

If you or a loved one with an intellectual or developmental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058.


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Elizabeth Kelley, Attorney at Law
5 Columbus Circle, Ste. 710
New York, NY 10019
West Coast
Elizabeth Kelley, Attorney at Law
2525 E 29th Ave., Ste. 10-B #225
Spokane, WA 99223
phone: 509.991.7058
email: zealousadvocacy@aol.com
Nothing contained on this website is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel.
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