Working with the Forensic Mental Health Expert

Mental Disabilities and the Criminal Justice System

This week, Elizabeth Kelley talks with her guest, Dr. Elliot Atkins. Dr. Atkins is the author of the chapter entitled “Working with the Expert: From the Perspective of Experts” in the upcoming 2nd edition of Elizabeth’s book, Representing People with Mental Disabilities published by the American Bar Association.

In this episode, Dr. Atkins and Elizabeth discuss:

• How can attorneys most effectively use mental health experts

• How a forensic mental health expert can properly communicate and create the best scenario for attorney-client relations

• What Dr. Atkins says a forensic psychologist can do to help the attorney better understand the way they interact with a client

• What components make up a strong forensic evaluation, and who is responsible for the acquisition of necessary documents

• What Dr. Atkins recommends in situations when the release of documents is resisted, and what insight can be obtained in these occurrences

• How to best convey to clients the need for bringing in a forensic psychologist when there is already a treating psychologist involved

• Dr. Atkins explains why a forensic mental health expert is needed even when the individual is already under the care of a treating or clinical professional.

Elliot Atkins is a clinical, forensic and consulting psychologist who has been in clinical practice since 1977 and has worked in the forensic arena since 1980. He has been admitted as an expert witness before state and federal courts in both the criminal and civil arenas. He has been called upon by attorneys from across the country to address issues related to professional malpractice, criminal state of mind defenses, sentencing and the assessment of both perpetrators and victims of sexual abuse. He has recently provided consultation to defense counsel in multiple high-profile civil and criminal institutional child sexual abuse cases. He has also been retained by both the prosecution and the defense as a trial consultant in sexual abuse cases by the United States Air Force’s Judge Advocate General’s office.

Atkins recently co-authored two chapters (Capacity to Waive Miranda Rights and Sentencing) in the Handbook of Forensic Assessment: Psychological and Psychiatric Perspectives. He has also co-authored a chapter on death penalty mitigation in the textbook, Handbook of Forensic Psychology and Forensic Sociology. He recently prepared an amicus brief and testified on the constitutionality of polygraphing paroled sex offenders. He has been an adjunct clinical assistant professor at Widener University and has provided clinical supervision for the doctoral internship programs at both Hahnemann and Drexel Universities. He has been a consultant to municipal, state and federal agencies and legislative bodies on the issue of substance abuse and rehabilitation.

Atkins has published articles and presented CLE workshops on topics related to the insanity defense, neonaticide, borderline personality disorder, sentencing and the collaboration of clinicians and attorneys regarding the issue of professional boundary violations. For the past two decades, he has chaired the American College of Forensic Psychology’s Forensic Skills panel of attorneys and forensic psychologists as they address professional and ethical issues confronting forensic mental health practitioners.