15 Hours / 15 CEs

On Demand | Self-Paced Professional Training

This on-demand professional training program on Traumatic Brain Injury in Criminal Law is presented by Michael L. Perlin, JD and Heather E. Cucolo, JD, in partnership with Mental Disability Law and Policy Associates.

Individuals with traumatic brain injuries (TBI) have a greater risk of becoming justice-involved due to the role that many TBIs play in impulse control and judgment. Research has established that persons accused of criminal behavior “are at a very high risk of [having] traumatic brain injuries that predate the offense with which they are charged.” These individuals’ cases are often not handled in the way that the cases of defendants who present with mental illness or intellectual disability maybe – there may be no discussion of diversion opportunities or a need for comprehensive evaluation and treatment. Often, expert witnesses assigned to evaluate such individuals have no experience dealing with this specific population, Additionally, attorneys assigned to represent this cohort may not have encountered individuals with TBI before and may not be familiar with behavioral manifestations that could be relevant as a defense or as mitigation in individual cases. In recent years there has been much greater attention paid to this cohort, in large part because of the focus on professional football players whose CTE was discovered in autopsies (not a part of this program). We believe that this reality has spurred (and will spur) more interest in this question.

Learning Objectives

Upon completion of this training, participants will be able to:

  • 1 Describe why it is impossible to understand TBI caselaw without understanding the ways that sanism, pretextuality, heuristic thinking, and false “ordinary common sense” have contaminated the criminal justice system
  • 2 Describe the rudiments of TBI “science” so that the caselaw decision-making discussed in the following weeks makes better sense to them
  • 3 Describe how TBI may influence decision-making in the full range of pre-trial motions that are common in criminal cases
  • 4 Describe the interplay between TBI and the incompetency status and the insanity defense
  • 5 Describe the impact of TBI on death penalty cases, looking specifically at questions of future dangerousness, mitigation and competency to be executed
  • 6 Describe why expert testimony is so critical in all cases involving defendants with TBI, and why adequacy-of-counsel is the crucial “hidden” issue in almost all such cases
  • 7 Describe the ways that persons with TBI are sentenced and the various hurdles to treatment and effective interventions post-sentencing
  • 8 Describe why it is essential to use a therapeutic jurisprudence filter for all TBI/criminal law cases, and why this is especially important in cases involving defendants appearing in problem-solving courts
  • 9 Describe the application of the Americans with Disabilities Act (ADA) to parole decisions for individuals with traumatic brain injury, including relevant case law and required accommodations
  • 10 Describe how therapeutic jurisprudence principles can be integrated into problem-solving courts, such as veterans’ courts and mental health courts, to address the unique needs of defendants with traumatic brain injury

  • Intended Audience

    This training is intended for professionals who work with individuals with traumatic brain injuries (TBI) involved in the justice system and wish to develop expertise in assessment, management, and advocacy for this population. It is designed for those specializing in forensic psychology, clinical psychology, neuropsychology, legal-psychology consultation, and related fields who evaluate, treat, support, or represent individuals with TBI in legal contexts.

    • Forensic Psychologist
    • Mental Health Professional
    • Criminal Defense Attorney
    • Correctional Staff
    • Social Worker
    • Private Evaluator

  • Experience Level

    This training is designed for licensed and pre-licensed mental health professionals with varying levels of experience working with individuals with traumatic brain injury (TBI) in justice-involved settings.

    Beginner:
    Participants may have limited or no prior experience with TBI populations in criminal justice contexts and are seeking foundational knowledge of TBI science, relevant caselaw, and the intersection of TBI with legal processes.

    Intermediate:
    Participants may have some experience working with justice-involved individuals or forensic populations, and are looking to deepen their understanding of TBI-specific legal issues, including pre-trial motions, competency, and sentencing considerations.

    Advanced:
    Participants may have significant experience in forensic mental health or legal settings and seek to enhance their expertise in complex topics such as therapeutic jurisprudence, expert testimony, ADA accommodations, and the integration of TBI considerations into problem-solving courts.

  • Practice Setting

    Professionals who work with individuals with traumatic brain injuries (TBI) involved in the justice system practice in a variety of settings where legal, clinical, and correctional systems intersect. These environments are often high-stakes and multidisciplinary, requiring collaboration among legal, mental health, and correctional professionals. Practitioners may work in secure facilities, courtrooms, community-based clinics, law offices, or private practices, providing assessment, treatment, advocacy, and consultation for justice-involved individuals with TBI. Their work environments are shaped by the need to address complex behavioral, cognitive, and legal challenges unique to this population.

    • Forensic units within psychiatric hospitals or state hospitals
    • Correctional facilities (jails, prisons, juvenile detention centers)
    • Court clinics or mental health courts
    • Public defender or criminal defense attorney offices
    • Community mental health centers serving justice-involved clients
    • Private neuropsychological or forensic evaluation practices
    • Social service agencies supporting reentry or diversion programs
    • Law enforcement or probation/parole departments with specialized mental health teams

Presented By

Michael L. Perlin, JD, Professor of Law Emeritus at New York Law School (NYLS)

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.

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Michael L. Perlin, JD

Presented By

Heather Ellis Cucolo, JD, Prof. Distinguished Adj., NYLS; Owner, MDLPA; Prof. Adj., Emory University School of Law; Bd. Dir. Collier School

Heather Ellis Cucolo is 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.

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Heather Ellis Cucolo, JD

Training Outline

Key topics covered in this training include:

  • Review TBI caselaw

  • TBI “science”

  • How TBI influences decision-making in the full range of pre-trial motions that are common in criminal cases

  • The interplay between TBI and the incompetency status and the insanity defense

  • The impact of TBI on death penalty cases

  • Discuss sentencing persons with TBI and the various hurdles to treatment and effective interventions post-sentencing

  • Discussion of using a therapeutic jurisprudence filter for all TBI/criminal law cases

We are proud to partner with

Mental Disability Law and Policy Associates (MDLPA)

Mental Disability Law and Policy Associates (MDLPA)

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.

Learn More About Our Partner

CE Sponsorship Information

Palo Alto University, Continuing & Professional Studies (CONCEPT) is approved by, recognized by, or maintains sponsorship provider status with the following boards and agencies. We maintain responsibility for all content in our CE/CPD programs. For more information, visit here. 

  1. American Psychological Association (APA): Approved sponsor of continuing education for psychologists.

  2. Association of Social Work Boards (ASWB): Approved continuing education provider (ACE program, Provider #1480), 11/22/2023–11/22/2026.

  3. Canadian Psychological Association (CPA): Approved to sponsor continuing education for psychologists.

  4. National Board for Certified Counselors (NBCC): Approved Continuing Education Provider (ACEP No. 7190).



Palo Alto University, Continuing and Professional Studies (CONCEPT) is approved by the American Psychological Association to sponsor continuing education for psychologists. Palo Alto University, Continuing and Professional Studies (CONCEPT) maintains responsibility for this program and its content. Palo Alto University, Continuing and Professional Studies (CONCEPT), is approved by the Canadian Psychological Association to offer continuing education for psychologists. Palo Alto University, Continuing and Professional Studies (CONCEPT), SW CPE is recognized by the New York State Education Department’s State Board for Social Work as an approved provider of continuing education for licensed social workers #SW-0356 and the New York State Education Department’s State Board for Mental Health Practitioners as an approved provider of continuing education for licensed mental health counselors. #MHC-0073. Palo Alto University, Continuing and Professional Studies (CONCEPT) has been approved by NBCC as an Approved Continuing Education Provider, ACEP No. 6811. Programs that do not qualify for NBCC credit are clearly identified. CONCEPT Professional Training, #1480, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. CONCEPT Professional Training maintains responsibility for this course. ACE provider approval period: 11/22/23-11/22/26. Social workers completing this course receive (clinical or social work ethics) continuing education credits.