Identifying Mentally Handicapped Defendants - Revision history

Unknown user: /* Signs Indicating Possible Mental Handicap in the Defendant */

2023-08-14T03:21:20Z

Signs Indicating Possible Mental Handicap in the Defendant

← Older revision		Revision as of 05:21, 14 August 2023
Line 67:		Line 67:
	*inarticulate speech		*inarticulate speech
	*indifferent speech, even when discussing emotional topics		*indifferent speech, even when discussing emotional topics
	* being pretentious		*being pretentious
	*using archaic and obscure language		*using archaic and obscure language

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	*spelling errors		*spelling errors

	'''Memory Lapses and Attention Deficits'''		==== '''Memory Lapses and Attention Deficits''' ====
	*unable to recall childhood memories		*unable to recall childhood memories
	*unable to recall what has happened in the past few months		*unable to recall what has happened in the past few months
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	*unable to concentrate upon mention of emotional topics		*unable to concentrate upon mention of emotional topics

	'''Medical Complaints'''		==== '''Medical Complaints''' ====
	*overly concerned about personal health		*overly concerned about personal health
	*self-inflicted injury or suspicious scars		*self-inflicted injury or suspicious scars
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	*fatigue		*fatigue

	'''Self-Perception and Ability to Handle Affairs'''		==== '''Self-Perception and Ability to Handle Affairs''' ====
	*extremely low self-esteem		*extremely low self-esteem
	*extremely high self-esteem		*extremely high self-esteem
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	*unable to learn from past errors		*unable to learn from past errors

	'''Physical Gestures'''		==== '''Physical Gestures''' ====
	*restless movements		*restless movements
	*many small movements		*many small movements
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	*slow responses		*slow responses
	*poor balance		*poor balance
	lack of coordination nervous body movements or expression		*lack of coordination
			*nervous body movements or expression

	'''Interaction with Others'''		==== '''Interaction with Others''' ====
	*cheerless family environment		*cheerless family environment
	*no regular visitors or mail		*no regular visitors or mail
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	*unable to have relationships with others, lacking the ability to communicate directly		*unable to have relationships with others, lacking the ability to communicate directly
	*words and actions that are counter to accepted norms (including sexual behavior or too extroverted)		*words and actions that are counter to accepted norms (including sexual behavior or too extroverted)
	*unable to understand the impropriety of his words and actions		*unable to understand the impropriety of his words and actions

			==== '''Other Observations''' ====


	----		----
	See also [[Client Interviews]]		See also [[Client Interviews]]

Unknown user: /* Signs Indicating Possible Mental Handicap in the Defendant */

2023-08-14T03:16:04Z

Signs Indicating Possible Mental Handicap in the Defendant

← Older revision		Revision as of 05:16, 14 August 2023
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	How should a legal aid lawyer judge whether or not a client has a mental handicap? While interviewing the client and family members, the lawyer should closely observe whether or not the client displays the following signs of mental handicap. The lawyer should further decide whether or not to call in an expert to evaluate the client’s mental condition.		How should a legal aid lawyer judge whether or not a client has a mental handicap? While interviewing the client and family members, the lawyer should closely observe whether or not the client displays the following signs of mental handicap. The lawyer should further decide whether or not to call in an expert to evaluate the client’s mental condition.

	'''Reality Disorders'''		==== '''Reality Disorders''' ====
	*hallucination		*hallucination
	*phonism		*phonism
Line 27:		Line 27:
	**being the target of people’s gossip		**being the target of people’s gossip

	'''Linguistic Problems'''		==== '''Linguistic Problems''' ====
	*Unintelligible Language
	*disorganized language		'''Unintelligible Language'''
	*fabricating nonexistent phrases		**disorganized language
	*using “non-words”		**fabricating nonexistent phrases
	*stringing together unrelated phrases		**using “non-words”
	*making up conclusions based on fallacies		**stringing together unrelated phrases
			**making up conclusions based on fallacies

	'''Incomplete Answers'''		'''Incomplete Answers'''

Unknown user: /* Signs Indicating Possible Mental Handicap in the Defendant */

2023-08-14T03:08:59Z

Signs Indicating Possible Mental Handicap in the Defendant

← Older revision		Revision as of 05:08, 14 August 2023
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	*unreasonable fears (such as fear of leaving the prison cell, fear of heights)		*unreasonable fears (such as fear of leaving the prison cell, fear of heights)
	*feeling confused about people or things in his surroundings		*feeling confused about people or things in his surroundings
			*Longstanding mistaken perceptions, such as:
	~~'''~~Longstanding mistaken perceptions, such as:~~'''~~		**The lawyer wants to harm him;
	*The lawyer wants to harm him;		**The prison warden or other people worship him;
	*The prison warden or other people worship him;		**feeling controlled by an otherworldly power;
	*feeling controlled by an otherworldly power;		**being the target of people’s gossip
	*being the target of people’s gossip

	'''Linguistic Problems'''		'''Linguistic Problems'''

Ibjadmin: /* Signs Indicating Possible Mental Handicap in the Defendant */

2011-05-10T08:40:17Z

Signs Indicating Possible Mental Handicap in the Defendant

← Older revision		Revision as of 10:40, 10 May 2011
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	The legal aid lawyer should immediately seek out an [[Expert Witnesses\|expert’s diagnosis]] if he suspects that the client suffers from any mental handicap. The following steps of [[Trial\|trial]] preparation must be, without exception, based on expert diagnosis:		The legal aid lawyer should immediately seek out an [[Expert Witnesses\|expert’s diagnosis]] if he suspects that the client suffers from any mental handicap. The following steps of [[Trial\|trial]] preparation must be, without exception, based on expert diagnosis:

	Understanding the prosecution's case;Rebutting the prosecution's case;Investigating the client’s ability to act and his mental state at the time of the alleged crime		#Understanding the prosecution's case;
			#Rebutting the prosecution's case;
			#Investigating the client’s ability to act and his mental state at the time of the alleged crime

	How should a legal aid lawyer judge whether or not a client has a mental handicap? While interviewing the client and family members, the lawyer should closely observe whether or not the client displays the following signs of mental handicap. The lawyer should further decide whether or not to call in an expert to evaluate the client’s mental condition.		How should a legal aid lawyer judge whether or not a client has a mental handicap? While interviewing the client and family members, the lawyer should closely observe whether or not the client displays the following signs of mental handicap. The lawyer should further decide whether or not to call in an expert to evaluate the client’s mental condition.

Ibjadmin: /* Signs Indicating Possible Mental Handicap in the Defendant */

2011-05-10T08:39:16Z

Signs Indicating Possible Mental Handicap in the Defendant

← Older revision		Revision as of 10:39, 10 May 2011
Line 12:		Line 12:
	*hallucination		*hallucination
	*phonism		*phonism
	*photism (illusory images of humans, objects or other shapeless things, such as		*photism (illusory images of humans, objects or other shapeless things, such as lightning)
	lightning)
	*olfactory hallucination		*olfactory hallucination
	*tactile hallucination (feeling touched by non-existent objects or persons)		*tactile hallucination (feeling touched by non-existent objects or persons)
Line 52:		Line 51:
	*constant deviation from the main topic		*constant deviation from the main topic
	*persistent in using inappropriate methods to repeat certain words, ideas or topics		*persistent in using inappropriate methods to repeat certain words, ideas or topics
	Rapid Speech
			'''Rapid Speech'''
	*speaking quickly without pause		*speaking quickly without pause
	*jumping to the next topic prematurely		*jumping to the next topic prematurely

Ibjadmin: /* Signs Indicating Possible Mental Handicap in the Defendant */

2011-05-10T08:38:48Z

Signs Indicating Possible Mental Handicap in the Defendant

← Older revision		Revision as of 10:38, 10 May 2011
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	How should a legal aid lawyer judge whether or not a client has a mental handicap? While interviewing the client and family members, the lawyer should closely observe whether or not the client displays the following signs of mental handicap. The lawyer should further decide whether or not to call in an expert to evaluate the client’s mental condition.		How should a legal aid lawyer judge whether or not a client has a mental handicap? While interviewing the client and family members, the lawyer should closely observe whether or not the client displays the following signs of mental handicap. The lawyer should further decide whether or not to call in an expert to evaluate the client’s mental condition.

	Reality Disorders		'''Reality Disorders'''
	*hallucination		*hallucination
	*phonism		*phonism
Line 21:		Line 21:
	*feeling confused about people or things in his surroundings		*feeling confused about people or things in his surroundings

	Longstanding mistaken perceptions, such as:		'''Longstanding mistaken perceptions, such as:'''
	*The lawyer wants to harm him;		*The lawyer wants to harm him;
	*The prison warden or other people worship him;		*The prison warden or other people worship him;
Line 27:		Line 27:
	*being the target of people’s gossip		*being the target of people’s gossip

	Linguistic Problems		'''Linguistic Problems'''
	*Unintelligible Language		*Unintelligible Language
	*disorganized language		*disorganized language
Line 35:		Line 35:
	*making up conclusions based on fallacies		*making up conclusions based on fallacies

	Incomplete Answers		'''Incomplete Answers'''
	*Short, abrupt answers lacking further explanation		*Short, abrupt answers lacking further explanation
	*only “yes” or “no” answers		*only “yes” or “no” answers
Line 42:		Line 42:
	*talking about “nonsensical philosophical thinking”		*talking about “nonsensical philosophical thinking”

	Disoriented Conversation		'''Disoriented Conversation'''
	switching topics mid-sentence in response to any stimulation irrelevant responses		switching topics mid-sentence in response to any stimulation irrelevant responses
	*broken sentences		*broken sentences
Line 59:		Line 59:
	*talking too much and interrupting others often		*talking too much and interrupting others often

	Slow or Broken Speech		'''Slow or Broken Speech'''
	*speaking slowly		*speaking slowly
	*long hesitation before reply		*long hesitation before reply
Line 68:		Line 68:
	*using archaic and obscure language		*using archaic and obscure language

	Other Language Problems		'''Other Language Problems'''
	*small handwriting		*small handwriting
	*rushed writing		*rushed writing
Line 74:		Line 74:
	*spelling errors		*spelling errors

	Memory Lapses and Attention Deficits		'''Memory Lapses and Attention Deficits'''
	*unable to recall childhood memories		*unable to recall childhood memories
	*unable to recall what has happened in the past few months		*unable to recall what has happened in the past few months
Line 87:		Line 87:
	*forgetful trains of thought		*forgetful trains of thought
	*unable to concentrate upon mention of emotional topics		*unable to concentrate upon mention of emotional topics
	Medical Complaints
			'''Medical Complaints'''
	*overly concerned about personal health		*overly concerned about personal health
	*self-inflicted injury or suspicious scars		*self-inflicted injury or suspicious scars
Line 104:		Line 105:
	*fatigue		*fatigue

	Self-Perception and Ability to Handle Affairs		'''Self-Perception and Ability to Handle Affairs'''
	*extremely low self-esteem		*extremely low self-esteem
	*extremely high self-esteem		*extremely high self-esteem
Line 117:		Line 118:
	*unable to learn from past errors		*unable to learn from past errors

	Physical Gestures		'''Physical Gestures'''
	*restless movements		*restless movements
	*many small movements		*many small movements
Line 129:		Line 130:
	lack of coordination nervous body movements or expression		lack of coordination nervous body movements or expression

	Interaction with Others		'''Interaction with Others'''
	*cheerless family environment		*cheerless family environment
	*no regular visitors or mail		*no regular visitors or mail

Ibjadmin: /* Signs Indicating Possible Mental Handicap in the Defendant */

2011-05-10T08:38:08Z

Signs Indicating Possible Mental Handicap in the Defendant

← Older revision		Revision as of 10:38, 10 May 2011
Line 1:		Line 1:
	==Signs Indicating Possible Mental Handicap in the Defendant==		==Signs Indicating Possible Mental Handicap in the Defendant==

	A mentally handicapped defendant poses unique challenges to his legal aid lawyer. Evidence of mental handicap can be used to prove that the client lacked the faculty for criminal intent or that he was not the principal offender in the criminal act, and it can further prove that the client has a physical or mental disability.		A mentally handicapped defendant poses unique challenges to his legal aid lawyer. [[Evidence]] of mental handicap can be used to prove that the client lacked the faculty for [[Crimes\|criminal intent]] or that he was not the principal offender in the criminal act, and it can further prove that the client has a physical or mental disability.

	The legal aid lawyer should immediately seek out an expert’s diagnosis if he suspects that the client suffers from any mental handicap. The following steps of trial preparation must be, without exception, based on expert diagnosis:		The legal aid lawyer should immediately seek out an [[Expert Witnesses\|expert’s diagnosis]] if he suspects that the client suffers from any mental handicap. The following steps of [[Trial\|trial]] preparation must be, without exception, based on expert diagnosis:

	Understanding the prosecution's case;Rebutting the prosecution's case;Investigating the client’s ability to act and his mental state at the time of the alleged crime		Understanding the prosecution's case;Rebutting the prosecution's case;Investigating the client’s ability to act and his mental state at the time of the alleged crime


	How should a legal aid lawyer judge whether or not a client has a mental handicap? While interviewing the client and family members, the lawyer should closely observe whether or not the client displays the following signs of mental handicap. The lawyer should further decide whether or not to call in an expert to evaluate the client’s mental condition.		How should a legal aid lawyer judge whether or not a client has a mental handicap? While interviewing the client and family members, the lawyer should closely observe whether or not the client displays the following signs of mental handicap. The lawyer should further decide whether or not to call in an expert to evaluate the client’s mental condition.

Ibjadmin: Created page with "==Signs Indicating Possible Mental Handicap in the Defendant== A mentally handicapped defendant poses unique challenges to his legal aid lawyer. Evidence of mental handicap ca..."

2011-05-10T08:36:50Z

Created page with "==Signs Indicating Possible Mental Handicap in the Defendant== A mentally handicapped defendant poses unique challenges to his legal aid lawyer. Evidence of mental handicap ca..."

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==Signs Indicating Possible Mental Handicap in the Defendant==

A mentally handicapped defendant poses unique challenges to his legal aid lawyer. Evidence of mental handicap can be used to prove that the client lacked the faculty for criminal intent or that he was not the principal offender in the criminal act, and it can further prove that the client has a physical or mental disability.

The legal aid lawyer should immediately seek out an expert’s diagnosis if he suspects that the client suffers from any mental handicap. The following steps of trial preparation must be, without exception, based on expert diagnosis:

Understanding the prosecution's case;Rebutting the prosecution's case;Investigating the client’s ability to act and his mental state at the time of the alleged crime

How should a legal aid lawyer judge whether or not a client has a mental handicap? While interviewing the client and family members, the lawyer should closely observe whether or not the client displays the following signs of mental handicap. The lawyer should further decide whether or not to call in an expert to evaluate the client’s mental condition.

Reality Disorders
*hallucination
*phonism
*photism (illusory images of humans, objects or other shapeless things, such as
lightning)
*olfactory hallucination
*tactile hallucination (feeling touched by non-existent objects or persons)
*taste hallucination (tasting non-existent flavors)
*falsely feeling threatened by harmless pictures
*unreasonable fears (such as fear of leaving the prison cell, fear of heights)
*feeling confused about people or things in his surroundings

Longstanding mistaken perceptions, such as:
*The lawyer wants to harm him;
*The prison warden or other people worship him;
*feeling controlled by an otherworldly power;
*being the target of people’s gossip

Linguistic Problems
*Unintelligible Language
*disorganized language
*fabricating nonexistent phrases
*using “non-words”
*stringing together unrelated phrases
*making up conclusions based on fallacies

Incomplete Answers
*Short, abrupt answers lacking further explanation
*only “yes” or “no” answers
*vacuous, repetitive and general answers
*long-winded answers lacking any real information
*talking about “nonsensical philosophical thinking”

Disoriented Conversation
*switching topics mid-sentence in response to any stimulation *irrelevant responses
*broken sentences
*unrelated thoughts alternately occurring at random
*ideas expressed in cyclic, indirect or hesitant ways
*tedious details
*long-winded language
*concluding a thought only with prompting
*constant deviation from the main topic
*persistent in using inappropriate methods to repeat certain words, ideas or topics
Rapid Speech
*speaking quickly without pause
*jumping to the next topic prematurely
*negligent of other’s efforts to interrupt
*frequent loud and extremely assertive speech
*talking too much and interrupting others often

Slow or Broken Speech
*speaking slowly
*long hesitation before reply
*inability to find correct wording
*inarticulate speech
*indifferent speech, even when discussing emotional topics
* being pretentious
*using archaic and obscure language

Other Language Problems
*small handwriting
*rushed writing
*reading problems
*spelling errors

Memory Lapses and Attention Deficits
*unable to recall childhood memories
*unable to recall what has happened in the past few months
*unable to recall what has happened in the past few days
*unable to recollect facts related to the case
*memories are inconsistent with case records
*inventing stories to fill in memory gaps regarding the case
*tending to lie about events relating to the case
*seemingly too clear memory
*unable to concentrate
*always focused on trivial details
*forgetful trains of thought
*unable to concentrate upon mention of emotional topics
Medical Complaints
*overly concerned about personal health
*self-inflicted injury or suspicious scars
*“accidents”
*insomnia
*poor sleep quality
*oversleeping
*changes in eating habits
*increasing or decreasing appetite
*blurred vision
*narrowing eyes or holding material too closely when reading *hearing problems
*humming ears
*headaches
*dizziness
*nausea
*fatigue

Self-Perception and Ability to Handle Affairs
*extremely low self-esteem
*extremely high self-esteem
*unrealistic goals, ignoring one’s weaknesses
*reluctant to admit mental problems
*unable to plan in advance
*disordered working patterns
*unresponsive thought patterns
*unable to adapt one’s plans according to reality
*unable to foresee the consequences of one’s action
*irritable
*unable to learn from past errors

Physical Gestures
*restless movements
*many small movements
*frequently raising one’s legs or waving one’s arms
*speaking too much
*overly quick responses
*sensitive to one’s surroundings, frequently looking around
*slow movements and speech
*slow responses
*poor balance
*lack of coordination *nervous body movements or expression

Interaction with Others
*cheerless family environment
*no regular visitors or mail
*lacking normal interaction with ward mates and interactions marked by abnormal responses
*too accommodating
*unable to have relationships with others, lacking the ability to communicate directly
*words and actions that are counter to accepted norms (including sexual behavior or too extroverted)
*unable to understand the impropriety of his words and actions

----
See also [[Client Interviews]]