The Criminal Defense for the Mentally Impaired Clinic

The Criminal Defense for the Mentally Impaired Clinic, which operates in collaboration with the Public Defender's Office, is a unique program and the first of its kind in Israel. Twenty students, who demonstrate high social awareness and sensitivity to the different elements in society and who are undeterred by defending marginalized individuals, will be selected to this program, which affords students the opportunity to accompany public defenders.

Students participating in the clinic will make a considerable contribution, while becoming familiar with a unique field that is a mix of legal, medical, and welfare disciplines. Students will participate in the process of defending mentally-impaired individuals, and will learn about the diagnosis, treatment, and rehabilitation measures of criminal defendants in order to facilitate their reintegration in society, while addressing their therapeutic needs even after the criminal proceedings have concluded.

As part of the clinic's practical aspects, students will accompany public defenders representing intellectually or mentally-impaired defendants, and will become familiar with the proceedings held in these special cases, both in and outside the courtroom.

Students will learn about the work of hospital psychiatric evaluation committees, which determine the course of treatment for those deemed mentally ill; assist in compiling and processing the legal and medical information needed for committee hearings; weigh in on the best course of action given psychiatric experts' opinions; representing the client before the committee, and presenting it with a rehabilitation program and its enforcement.

Students participating in the clinic will be given the opportunity to learn about and understand the inherent complexities of representing mentally-impaired defendants, while observing the work of attorneys who represent the "other" part of society.

As part of the clinic's theoretical aspects, students will receive the necessary tools to deal with this unique field: The nature of mental illness, its definition and the differences between its medical and legal interpretations; the Treatment of Mental Patients Law; the difference between material and procedural incompetence to stand trial; the unique aspects of criminal proceedings held against a mentally-ill defendant; the role of the defense counsel in such criminal proceedings, and whether it is necessary to demonstrate paternalism towards the client; The Welfare Law; diagnostic committees, their role, and how they can aid the defendant outside of the criminal procedure; and the Investigation and Testimony Procedures for People with Disabilities Law, its inception and practical implementation.

During the second semester, once the students have received a theoretic foundation and have observed defense attorneys during the first semester, each student will present a case they handled for class analysis.

Admission requirements

The program caters to third-year students and over, who possess high social sensitivity and awareness. Admission is conditioned on a personal interview.

Academic outline

The clinic awards students with six semester hours, including 45 academic teaching hours. Students are required to undergo one-week preliminary training. The clinic includes a biweekly class and a two-four hours weekly practicum, across one calendar year. Grade components include the practical work with the attorneys, case presentation, and an active presence in class.

For more information and to apply please contact program director Adv. Michal Orkabi at michalo@justice.gov.il