20 Hours | 20 CEs

This on-demand professional training program on Mental Illness, Dangerousness, the Police Power, and Risk Assessment is presented by Michael L. Perlin, JD, and Heather Ellis Cucolo, JD, in partnership with Mental Disability Law and Policy Associates.

This program deals with the relationship between mental illness, dangerous behavior and the police power, the ability of mental health professionals to predict dangerousness, and the significance of risk assessment instruments for a variety of decisions to be made in the legal system. Participants will discover how these relationships and concepts play out in a variety of settings, including involuntary civil commitments, right to refuse treatment, insanity defense acquittee retention hearings, sex offender status hearings, sentencing cases, death penalty ‘future dangerousness’ inquiries, death penalty mitigation hearings, and Tarasoff (duty to protect) cases in civil law.

Learning Objectives

Upon completion of this program you will be able to:

  • Describe the relationship between mental illness, dangerous behavior and the police power

  • Describe the perceived and actual relationship between mental disorder and violence

  • Describe the significance of the Police Power & Parens Patriae power in the commitment process

  • Describe the significance of risk assessment instruments for decision making in the legal system

  • Describe extent to which the public misapprehends the relationship between mental illness and dangerousness

  • Describe the relationship between basic involuntary civil commitment principles and risk assessment

  • Describe the significance of defining “mental illness” for the purposes of civil commitment statutes

  • Describe the strengths and limitations of various assessment approaches and techniques employed by mental health professionals to assess for violence risk

  • Describe how these relationships and concepts play out in a variety of settings, including involuntary civil commitments, right to refuse treatment, insanity defense acquittee retention hearings, sex offender status hearings, sentencing cases, death penalty ‘future dangerousness' inquiries, death penalty mitigation hearings, and Tarasoff (duty to protect) cases in civil law

Presented By

Michael L. 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 Disability Law and Policy Associates. He has written 31 books and nearly 300 articles on all aspects of mental disability law, many of which deal with the overlap between mental disability law and criminal law and procedure.

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 member at Albert Einstein College of Medicine. In addition to those roles, Professor Cucolo is co-owner of Mental Disability Law and Policy Associates, a legal education and professional training company, and was elected to the board of trustees for the International Society of Therapeutic Jurisprudence, a non-profit organization. Formerly, in her full-time legal practice, Professor Cucolo dedicated her career to representing individuals at trial facing civil commitment under both the New Jersey Mental Hygiene Law and New Jersey’s Sexually Violent Predators Act. She authored and argued appeals before the New Jersey Appellate Division with over 27 reported decisions. She has published four textbooks and over 21 law review articles with mentions in an Eastern District of New York court decision and an Iowa appellate decision. She was honored to receive the Otto L. Walter Distinguished Writing Award for two consecutive years in 2018 and 2019. Professor Cucolo’s international work has included: expert testimony on extradition from the United Kingdom to the United States for persons convicted of a sex offense; pro bono advocacy for LawAid International; speaking at the United Nations on the rights of persons with disabilities in the Asia-Pacific region; and the creation of an instructional course on disability legislation for attorneys in Japan.

Collect Badges, Earn Certificates

This is a badge-earning program, which means it will help you earn a certificate that can be showcased on digital platforms like LinkedIn.

  • Intended Audience

    This self-paced program is intended for mental health and other allied professionals.

  • Experience Level

    This self-paced 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.

Curriculum

  • 1

    Welcome

    • Review Before Proceeding

  • 2

    Introduction

    • Lesson 1 Video

    • Background

    • A Jurisprudence of Risk Assessment

    • Actuarial Versus Clinical Assessments

    • Lesson Quiz

  • 3

    Mental Illness and Dangerousness

    • Lesson 2 Video

    • Constitutional "Civil" Mental Health Law

    • Re-read Monahan

    • Lesson Quiz

  • 4

    Use of Police Power

    • Lesson 3 Video

    • Mental Health Law 97-114; 560-571

    • Dangerous and Expertise

    • Lesson Quiz

  • 5

    Violence and Risk Assessment

    • Lesson 4 Video

    • Mental Health Law 114-119

    • Daubert & Danger

    • Lesson Quiz

  • 6

    Dangerousness

    • Lesson 5 Video

    • Mental Health Law 119-143

    • A Dangerous Charade

    • Bad Science

    • Involuntary Outpatient Commitment

    • Lesson Quiz

  • 7

    Right to Refuse Treatment

    • Lesson 6 Video

    • Mental Health Law 397-471

    • Mental Health Law 486-489

    • Judging Judgment

    • Lesson Quiz

  • 8

    Risk Assessment

    • Lesson 7 Video

    • Mental Health Law 238-255

    • Prosecution-Retained

    • Insane Fear

    • Far from the Turbulent Place

    • Lesson Quiz

  • 9

    Retention Hearings

    • Lesson 8 Video

    • Mental Health Law 213- 238

    • Mental Health Law 1087-1096

    • Risk-Needs Assessment

    • Rules for an Exceptional Class

    • Prevention

    • Lesson Quiz

  • 10

    Death Penalty

    • Lesson 9 Video

    • Mental Health Law 1019-1087

    • Dangerousness, Risk Assessment and Police Power

    • Lesson Quiz

  • 11

    Duty to Protect

    • Lesson 10 Video

    • Mental Health Law 723-744

    • Tarasoff at Thirty

    • Lesson Quiz

  • 12

    Evaluation

    • Instructions

    • Evaluation

    • Submission Verification

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!

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.NYSAP professionals have played a key role for 25 years in research on juveniles’ competence to stand trial and in developing juvenile competence standards for forensic clinical practice, law, and policy. In response to the growing demand for juvenile competence evaluations nationally, we provide consultation to assist agencies in developing or refining their juvenile competence service delivery system, as well as creating and conducting quality assurance procedures. We train clinicians and juvenile justice stakeholders (e.g., judges, attorneys, and community partners) in practice standards for conducting high quality juvenile competence evaluations.

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