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TURNING MR. HYDE INTO DR. JEKYLL EFFECTIVE SENTENCING ADVOCACY Vickie Piontkowski, MSW, JD, LCSW Federal Criminal Law & Sentencing Law Seminar October.

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Presentation on theme: "TURNING MR. HYDE INTO DR. JEKYLL EFFECTIVE SENTENCING ADVOCACY Vickie Piontkowski, MSW, JD, LCSW Federal Criminal Law & Sentencing Law Seminar October."— Presentation transcript:

1 TURNING MR. HYDE INTO DR. JEKYLL EFFECTIVE SENTENCING ADVOCACY Vickie Piontkowski, MSW, JD, LCSW Federal Criminal Law & Sentencing Law Seminar October 31, 2014

2 Defendant is a radicalized Islamic jihadist who dangerously rose to an influential position on an online jihadist forum with the desire to radicalize others and drive them to extreme violence against Americans in the United States. Defendant proved his bona fides as a person determined to violence when he attempted to shoot FBI agents who attempted to contact him, biting one of them as they attempted to restrain him from reaching a firearm that he had on his person, just as he had exhorted others to do when online. Defendant is a severe danger to the community and his incarceration is imperative for both the safety of the United States as well as his own rehabilitation.

3 Learning Objectives Reframe the narrative Develop the characters Offer alternate endings

4 Reframe the Narrative CRIMINOGENIC FACTORS Criminal HistoryFamily Discord Antisocial PersonalityUnstable Housing Antisocial PeersLack of Work/Schooling Substance AbusePoor Use of Leisure Time

5 CRIMINAL HISTORY Expulsion from school Juvenile detention Arrests Convictions Protection from abuse orders Disciplinary infractions while incarcerated

6 Reframe the Narrative Young Peer pressure Targeted policing Racism Bad legal advice Family pressure Relationship pressure Protection

7 ANTISOCIAL PERSONALITY Impulsive Aggressive Violent Dangerous Hostile Defiant

8 Reframe the Narrative Mental illness Physical illness Intellectual disability Developmental disability Brain injury Autism spectrum disorder Hearing impairment PTSD Intoxicated High

9 ANTISOCIAL PEERS Gang membership Known criminals Drug abusers/dealers Radicals/terrorists

10 Reframe the Narrative Meeting emotional needs Safety Friendship Love Belonging Consistency Pride Respect Loyalty Family Resilience

11 SUBSTANCE ABUSE Drug or alcohol abuse or dependence History of treatment non-compliance Multiple relapses/positive drug tests while on supervision

12 Reframe the Narrative Barriers to treatment accessibility - Lack of awareness - Geography - Transportation - Cost - Insurance - Identification - Child care - Work

13 Reframe the Narrative Barriers to treatment effectiveness - Gender specific services - Trauma informed - Cultural competency - Co-occurring disorders - Intellectual disability - Autism - Physical disability - Illiteracy/learning disability

14 FAMILY DISCORD Abuse: physical, mental, verbal, sexual Neglect Financial strain

15 Reframe the Narrative Child care Elder care Child support Pooled resources Social isolation

16 UNSTABLE HOUSING Evicted by landlord Kicked out by roommates/family Unsafe living conditions Unsafe neighborhood Couch surfing Living in car Homeless

17 Reframe the Narrative Left abusive relationship Maintaining access to children Residency restrictions Housing program lost funding Waitlist Poverty

18 LACK OF WORK/SCHOOL Dropped out of high school No GED Never worked Poor work performance Multiple terminations No marketable skills

19 Reframe the Narrative Bullying/physical safety Pregnancy Child care Substance abuse Mental health condition Transportation

20 POOR USE OF LEISURE Television Smoking/drinking Hanging out Weird hobbies

21 Reframe the Narrative Mental illness Physical illness Intellectual disability Brain injury Autism spectrum disorder Child care Transportation

22 Develop the Characters Develop an effective working relationship with your client Interview purposefully to obtain mitigating information

23 Develop Effective Relationships Client-centered theory (Carl Rogers) - Congruence (genuineness) - Unconditional positive regard - Empathy The History of the Person-Centered Approach;

24 Address and Remove Barriers Starts with the first meeting Self reflection Room set up and introduction SOLER skills (Gerard Egan) Discuss cultural competency

25 Set Rules Don’t interrupt Open and honest Pay attention Begin each meeting with check-in End each meeting with review of next steps

26 Speak Carefully Match client’s conversational speed Use value-neutral language Match vocabulary to client’s ability to understand Test comprehension

27 Question Thoughtfully Use open-ended questions to encourage greater discussion Use closed-ended questions to elicit specific information Ask uncomfortable questions directly Clarify vague answers Alternative questions with requests

28 Reply Empathically Practice reflective listening It sounds like (what happened) and you felt (emotion). Is that right? Acknowledge pain Hold the silence

29 Behave Purposefully Meet the client where he/she is Model body language Be willing to change your strategy Ask the client how he/she wants to proceed

30 Offer Alternate Endings Confirm treatment need Explain barriers to treatment Identify community resources

31 Confirm Treatment Need Collateral witnesses Medical records School records Child protective services records Court records Prior attorney records Government assistance records Prior treatment records Expert evaluation

32 Confirm Treatment Need National Institute of Mental Health American Psychiatric Association American Psychological Association Substance Abuse and Mental Health Service Administration Substance Abuse and Mental Health Service Administration Adult Children of Alcoholics

33 Explain Barriers to Treatment Barriers to treatment accessibility - Lack of awareness - Geography - Transportation - Cost - Insurance - Identification - Child care - Work

34 Explain Barriers to Treatment Barriers to treatment effectiveness - Gender specific services - Trauma informed - Cultural competency - Co-occurring disorders - Intellectual disability - Autism - Physical disability - Illiteracy/learning disability

35 Identify Community Resources State/county public defender offices Government departments Government assistance offices Non-profits Disability rights organizations

36 Identify Community Resources Universities Community leaders Houses of worship Peer support groups

37 nationalreentryresourcecenter.org

38 nrepp.samhsa.gov

39 Substance Abuse Treatment National Association of Addiction Treatment Providers National Association of Addiction Treatment Providers National Association for Children of Alcoholics National Association for Children of Alcoholics National Association of Lesbian & Gay Addiction Professionals National Association of Lesbian & Gay Addiction Professionals National Council on Alcoholism and Drug Dependence National Council on Alcoholism and Drug Dependence American Society of Addiction Medicine American Society of Addiction Medicine

40 Mental Health Treatment National Alliance on Mental Illness Mental Health America American Mental Health Counselors Association American Mental Health Counselors Association National Mental Health Consumers’ Self- Help Clearinghouse National Mental Health Consumers’ Self- Help Clearinghouse National Association of Social Workers National Council for Behavioral Health

41 Mental Health Treatment Depression and Bipolar Support Alliance International Society for Traumatic Stress Studies International Society for Traumatic Stress Studies Schizophrenia and Related Disorders Alliance of America Schizophrenia and Related Disorders Alliance of America Anxiety and Depression Association of America Anxiety and Depression Association of America Sidran Institute

42 Sex Offender Treatment Association for the Treatment of Sexual Abusers Association for the Treatment of Sexual Abusers American Association of Sexuality Educators Counselors and Therapists American Association of Sexuality Educators Counselors and Therapists American Board of Sexology Society for Sex Therapy & Research

43 Veterans Treatment Wounded Warrior Project Veterans of Foreign Wars of the US Veterans Justice Outreach The Soldiers Project Veterans Crisis Line

44 Autism Spectrum Disorders Treatment US Autism & Asperger Association National Autism Association Autism Society Autism Now Autism Speaks

45 In conclusion …

46 Not all Mr. Hydes turn back into Dr. Jekylls …

47 … but not all monsters are scary.


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