Forensic Neuropsychological Evaluations in Criminal Defense
Date & Time
September 16, 2024
9:00am - 4:30pm
Location
Hilton Garden Inn
20 Advantage Ct
Sacramento, Ca 95834
September 16, 2024
9:00am - 4:30pm
Location
Hilton Garden Inn
20 Advantage Ct
Sacramento, Ca 95834
Summary
There is a continued growing awareness to the significance of neurocognitive disorders and how they impact criminal cases. Robust clinical and research data on the neuropsychological sequela of various neurological and psychiatric conditions provides important information on aspects of thought, emotion, and behavior, and how those can be meaningful in the criminal process. As the utilization of forensic neuropsychological evidence in the criminal cases increases, standardizing the process of appointing an Expert neuropsychologist and working effectively with the Expert is important in the quality of data, meaningful utilization, and financial efficacy.
A defendant with a neurocognitive disorder faces unique challenges at every step of the legal process; whether it is as they attempt to regulate their emotional responses in court during a daunting legal process, communicate critical details with their attorney to ensure a thorough investigation of the case, inform the jury’s understanding of the mental state at issue in the charges, or develop a plan to address their unique treatment needs and goals. At every stage, the defendant is reliant upon their attorney to recognize neurocognitive conditions that even the defendant themself may not fully understand, and then integrate them into a plan that both prioritizes a Defendant’s self-determination while setting them up for success in their legal proceeding and beyond. We seek to present a comprehensive survey of the legal inquiries that are implicated by an investigation of a Defendant’s neurocognitive disorders so that a an Expert neuropsychologist has the tools necessary for a proper evaluation including (1) to properly develop the goals of the evaluation with the attorney, (2) to expand rapport building and minimize a defendant’s resistance to the evaluation, and (3) to properly design the parameters of the evaluation in response to known goals and the defendant’s history. As the criminal justice system continues to evolve its diversion responses to defendants, even those charged with serious and violent felonies, it is paramount that the Expert neuropsychologist is able to collaborate with the defendant’s attorney in order to properly identify a defendant’s needs and build the supportive measures necessary for long-term success.
Recommendations in this process will be presented. Forensic neuropsychological findings, common neurocognitive and psychiatric disorders in criminal cases, and other relevant psychological and case-specific factors will be discussed.
A defendant with a neurocognitive disorder faces unique challenges at every step of the legal process; whether it is as they attempt to regulate their emotional responses in court during a daunting legal process, communicate critical details with their attorney to ensure a thorough investigation of the case, inform the jury’s understanding of the mental state at issue in the charges, or develop a plan to address their unique treatment needs and goals. At every stage, the defendant is reliant upon their attorney to recognize neurocognitive conditions that even the defendant themself may not fully understand, and then integrate them into a plan that both prioritizes a Defendant’s self-determination while setting them up for success in their legal proceeding and beyond. We seek to present a comprehensive survey of the legal inquiries that are implicated by an investigation of a Defendant’s neurocognitive disorders so that a an Expert neuropsychologist has the tools necessary for a proper evaluation including (1) to properly develop the goals of the evaluation with the attorney, (2) to expand rapport building and minimize a defendant’s resistance to the evaluation, and (3) to properly design the parameters of the evaluation in response to known goals and the defendant’s history. As the criminal justice system continues to evolve its diversion responses to defendants, even those charged with serious and violent felonies, it is paramount that the Expert neuropsychologist is able to collaborate with the defendant’s attorney in order to properly identify a defendant’s needs and build the supportive measures necessary for long-term success.
Recommendations in this process will be presented. Forensic neuropsychological findings, common neurocognitive and psychiatric disorders in criminal cases, and other relevant psychological and case-specific factors will be discussed.
Topics
- Quality of data, meaningful utilization and financial efficacy
- How to properly develop goals of an evaluation with the attorney
- Expand rapport building and minimize a defendant’s resistance to an evaluation
- Neurocognitive disorders and their impact on criminal cases
- How to properly design the parameters of an evaluation in response to known goals and the defendant’s history
- Collaboration between neuropsychologist and legal team to properly identify a defendant’s needs and build the supportive measure necessary for long-term success
Presented By
Katy D. Gaines, PhD
Katy D. Gaines is a forensic and clinical neuropsychologist, serving as an expert in federal and state courts across the United States, predominantly in cases involving violent crimes, financial crimes, youth offenders, and death penalty. Dr. Gaines received an academic excellence scholarship to UCLA and completed a Bachelor’s Degree in Business Economics and Accounting. She received her masters degree and doctoral degree from Fielding Graduate University in Clinical Psychology with specialization in Clinical Neuropsychology. She completed a dual post-doctoral experience in neuropsychology at the Veterans Affairs of Greater Los Angeles in Traumatic Brain Injury and PTSD of combat Veterans and as a leader of the memory care program at the UCLA Longevity Center. Dr. Gaines received awards from the American Psychological Association, Society of Nuclear Medicine and Molecular Imaging, Veterans Affairs of Greater Los Angeles, and Fielding Graduate University. She serves as a provider to Bureau of Victim Services, Los Angeles County District Attorney's Office, as an expert witness on the Criminal Panel for the Los Angeles Superior Court, and for the United States Southern District of New York. She is a recognized neuropsychologist for the Ministry of Defense, Israel. She has held several faculty positions and leadership positions such as the Secretary and Board Member of the National Academy of Neuropsychology Foundation, a Board Member of the Los Angeles County Psychological Association, and a committee member in the American Psychological Association and Forensic Mental Health Association of California. She is an expert journal reviewer for several peer-reviewed medical journals and authored several academic and trade books and chapters in the area of the frontal lobe, dementia, traumatic brain injury, psychopathy, and multicultural neuropsychology. She lunched in 2017 the first neuropsychology radio show, published "Combating Dementia in 30 Days," a guide to patients and their loved ones with 30 recorded chapters, and directed the movie Understanding Dementia under The NAN Foundation. Dr. Gaines also served on several non-profit boards that focus on mental health. Dr. Gaines is licensed in California and Florida.
Katy D. Gaines is a forensic and clinical neuropsychologist, serving as an expert in federal and state courts across the United States, predominantly in cases involving violent crimes, financial crimes, youth offenders, and death penalty. Dr. Gaines received an academic excellence scholarship to UCLA and completed a Bachelor’s Degree in Business Economics and Accounting. She received her masters degree and doctoral degree from Fielding Graduate University in Clinical Psychology with specialization in Clinical Neuropsychology. She completed a dual post-doctoral experience in neuropsychology at the Veterans Affairs of Greater Los Angeles in Traumatic Brain Injury and PTSD of combat Veterans and as a leader of the memory care program at the UCLA Longevity Center. Dr. Gaines received awards from the American Psychological Association, Society of Nuclear Medicine and Molecular Imaging, Veterans Affairs of Greater Los Angeles, and Fielding Graduate University. She serves as a provider to Bureau of Victim Services, Los Angeles County District Attorney's Office, as an expert witness on the Criminal Panel for the Los Angeles Superior Court, and for the United States Southern District of New York. She is a recognized neuropsychologist for the Ministry of Defense, Israel. She has held several faculty positions and leadership positions such as the Secretary and Board Member of the National Academy of Neuropsychology Foundation, a Board Member of the Los Angeles County Psychological Association, and a committee member in the American Psychological Association and Forensic Mental Health Association of California. She is an expert journal reviewer for several peer-reviewed medical journals and authored several academic and trade books and chapters in the area of the frontal lobe, dementia, traumatic brain injury, psychopathy, and multicultural neuropsychology. She lunched in 2017 the first neuropsychology radio show, published "Combating Dementia in 30 Days," a guide to patients and their loved ones with 30 recorded chapters, and directed the movie Understanding Dementia under The NAN Foundation. Dr. Gaines also served on several non-profit boards that focus on mental health. Dr. Gaines is licensed in California and Florida.
Noah Cox, JD
Noah Cox, a Deputy Public Defender with over 15 years of experience, obtained his Juris Doctorate from the University of Miami School of law and currently serves in a trial assignment focusing on handling complex felony cases within the Los Angeles County Public Defender's Office. He leads the groundbreaking Neurocognitive Disorders Team (NDT), a pioneering unit aimed at enhancing advocacy efforts for adult clients grappling with various neurocognitive disorders such as Intellectual Disability, Autism, seizure disorders, Traumatic Brain Injury, and Dementia. In that capacity, he co-presented on Neurodivergence and Neurology in Psychology and Law at the American Psychology-Law Society’s 2024 Annual Conference. Under Noah's leadership, the NDT has garnered recognition, winning the California Public Defender Association’s esteemed Program of the Year award in 2023. This team, the first of its kind in an indigent defense organization, endeavors to elevate awareness of neurocognitive disorders within the criminal justice system while developing tailored treatment options within the community. Noah champions a collaborative, team-based approach to representation, where attorneys, paralegals, social workers, and other professionals work together to provide holistic defense strategies for their clients. Additionally, Noah actively integrates technological advancements into his practice to better serve his clients. He plays a pivotal role in the Office’s Client Case Management System Steering Committee, offering guidance and training to Public Defender staff on effectively utilizing new technologies in criminal defense work. This unique amalgamation of advocacy for disabled clients and leveraging technology for legal innovation was recently highlighted in the short film “Forgiving Johnny,” available for streaming at https://time.com/6311088/forgiving-johnny-documentary/.
Noah Cox, a Deputy Public Defender with over 15 years of experience, obtained his Juris Doctorate from the University of Miami School of law and currently serves in a trial assignment focusing on handling complex felony cases within the Los Angeles County Public Defender's Office. He leads the groundbreaking Neurocognitive Disorders Team (NDT), a pioneering unit aimed at enhancing advocacy efforts for adult clients grappling with various neurocognitive disorders such as Intellectual Disability, Autism, seizure disorders, Traumatic Brain Injury, and Dementia. In that capacity, he co-presented on Neurodivergence and Neurology in Psychology and Law at the American Psychology-Law Society’s 2024 Annual Conference. Under Noah's leadership, the NDT has garnered recognition, winning the California Public Defender Association’s esteemed Program of the Year award in 2023. This team, the first of its kind in an indigent defense organization, endeavors to elevate awareness of neurocognitive disorders within the criminal justice system while developing tailored treatment options within the community. Noah champions a collaborative, team-based approach to representation, where attorneys, paralegals, social workers, and other professionals work together to provide holistic defense strategies for their clients. Additionally, Noah actively integrates technological advancements into his practice to better serve his clients. He plays a pivotal role in the Office’s Client Case Management System Steering Committee, offering guidance and training to Public Defender staff on effectively utilizing new technologies in criminal defense work. This unique amalgamation of advocacy for disabled clients and leveraging technology for legal innovation was recently highlighted in the short film “Forgiving Johnny,” available for streaming at https://time.com/6311088/forgiving-johnny-documentary/.
Keisha Reed-McLean, JD
Keisha Reed-McLean has been a Deputy Public Defender for over 20 years. She has extensive experience handling Misdemeanor Trials, D.U.I. and Traffic Trials, Juvenile Adjudications, Felony Trials, and Post-Conviction hearings. She obtained her Juris Doctorate from Loyola Law School and her Bachelor’s Degree from Mount Saint Mary’s University. She joined the Public Defender’s newly formed Post-Conviction Unit in January of 2019. The unit represents clients seeking relief from lengthy and harsh sentences. She handles all aspects of post-conviction petitions for clients seeking resentencing on cases involving murder, attempted murder, manslaughter, and Three Strike law. Keisha also served as the Deputy-in-Charge of the Inglewood Branch where she supervised, trained, mentored, and worked alongside over 15 felony and misdemeanor trial attorneys, support staff and law clerks.
Keisha Reed-McLean has been a Deputy Public Defender for over 20 years. She has extensive experience handling Misdemeanor Trials, D.U.I. and Traffic Trials, Juvenile Adjudications, Felony Trials, and Post-Conviction hearings. She obtained her Juris Doctorate from Loyola Law School and her Bachelor’s Degree from Mount Saint Mary’s University. She joined the Public Defender’s newly formed Post-Conviction Unit in January of 2019. The unit represents clients seeking relief from lengthy and harsh sentences. She handles all aspects of post-conviction petitions for clients seeking resentencing on cases involving murder, attempted murder, manslaughter, and Three Strike law. Keisha also served as the Deputy-in-Charge of the Inglewood Branch where she supervised, trained, mentored, and worked alongside over 15 felony and misdemeanor trial attorneys, support staff and law clerks.
Learning Objectives
- Describe what a forensic neuropsychological examination is and what information the examination will provide
- Evaluate two cases to determine whether an appointment of an expert neuropsychologist is warranted
- List three recommended requirements for a standardized forensic neuropsychological exam
- Identify two collaborative aspects of working with an Expert neuropsychologist
- Explain how forensic neuropsychological examination findings can be used in criminal cases
- Cite three common neurocognitive and psychological conditions that may be relevant in an appointment of a Forensic Expert Neuropsychologist
- Analyze two sample cases and explain how a forensic neuropsychological examination can be useful
CE Credit |
Intended Audience |
Experience Level |
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6 CE Available for CPA, BBS, CJER, MCLE
Additional Continuing Education Information |
This training is intended for mental health clinicians and attorneys
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This training is appropriate for all level clinicians.
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