MDLPA: Intersection Between the Americans with Disabilities Act and the Criminal Trial Process
Presented by: Michael Perlin, JD and Heather Ellis Cucolo, JD
1.5 Hours / 1.5 CEs
On Demand | Self-Paced Professional Training
This on-demand professional training program on the MDLPA: 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 (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.
Learning Objectives
Upon completion of this training, participants will be able to:
- 1 Describe specific issues in the criminal trial and adjudication process that affect persons with a mental illness or disability
- 2 Describe the significance of quality counsel, expert testimony, and judicial rulings in the protection of the rights of persons with a disability
- 3 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
- 4 Describe how the framework of therapeutic jurisprudence and the need for dignity and compassion can enhance positive outcomes in the overall process
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.
Presented By
Heather Ellis Cucolo, JD Owner, MDLPA
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.
Training Outline
Key topics covered in this training include:
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Introduction to the ADA and its impact on persons with a mental illness and/or developmental/ intellectual disability
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Use of the ADA in the criminal trial process through a discussion of case law examples, legislation, and inevitable outcomes
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The impact of counsel, access to expert testimony and guidance, and judicial precedent on ADA rights expansion into the criminal justice process
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Exploration of ADA litigation centered on the conditions of persons with a disability in confinement and awaiting execution
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Best practices and the application of therapeutic jurisprudence moving forward
We are proud to partner with
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.
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.
American Psychological Association (APA): Approved sponsor of continuing education for psychologists.
Association of Social Work Boards (ASWB): Approved continuing education provider (ACE program, Provider #1480), 11/22/2023–11/22/2026.
Canadian Psychological Association (CPA): Approved to sponsor continuing education for psychologists.
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.