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mental health Tag

Diversion Programs – Do They Work?

Diversion Programs – Do They Work?

A shocking recent article questions whether the diversionary rehab programs judges use for defendants in Oklahoma really work. The article, titled “They thought they were going to rehab. They ended up in chicken plants”, describes courts’ routine practice of sending defendants convicted of minor crimes or serving suspended sentences to Christian Alcoholics & Addicts in Recovery (CAAIR) and other rehabilitation programs. Rather than focusing on addiction treatment, it says that CAAIR sends defendants to work for free doing hard labor at a poultry plant. When they get sick or slow down, they are sent to prison. People convicted of crimes may...

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Do I Have the Right to Assistance at Trial by an Expert Witness?

Do I Have the Right to Assistance at Trial by an Expert Witness?

Criminal defendants who cannot afford to pay for an expert witness but need one to mount a defense may wonder if the Constitution grants them the right to expert witness assistance at trial. The Supreme Court has determined – twice – that at a minimum, there is a right to assistance of a mental health expert to evaluate the defendant in death penalty cases. Whether there is a right to expert witness assistance in non-death penalty cases, or whether there is a right to assistance by other types of experts, are open questions. In Ake v. Oklahoma, 470 U.S. 68 (1985),...

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