Mental Illness and the Criminal Justice System
Mental illness is a real disease and affects millions of people. Mental health professionals — psychiatrists, psychologists, and mental health workers — identify and diagnose particular types of mental illnesses, for instance, clinical depression, obsessive compulsive disorder (OCD), bi-polar disorder, schizophrenia, paranoia. While symptoms vary widely, those afflicted with particular mental illnesses often cannot control their emotions, act impulsively and unwisely, cannot conform their conduct to society’s rules and norms, create trouble and strife for themselves, their families, and those around them. They may stand out for their non-normal or sometime bizarre or off-the-wall behaviors. They may have difficulty relating to others or putting themselves in another person’s shoes, stubbornly refuse to change destructive behaviors, endlessly fixate on a minor issue and frustrate loved ones. The severely mentally ill test the patience and resolve of their families and routinely burn bridges and destroy relationships.
Although some afflicted with mental illness may have first-rate intellects and score high on intelligence tests, often their mental illnesses overwhelm all other aspects of their lives. As a result, they cannot function in society or live up to their potential. Alas, some mentally ill people are potentially or actually dangerous. Many of the mass shooters of innocents, whether at schools, churches, shopping centers, or elsewhere, are mentally ill, severely delusional, and cannot comprehend or appreciate the enormity of their actions or the destruction and pain that they cause.
Unfortunately, the mental health system in the United States has been in crisis for some time. Beds and spaces to care for and treat the mentally ill are in short supply. Health insurance carries significant limitations and often limits the amount of coverage. Even well to do parents and families struggle — and usually fail — to devise workable solutions. Today, while certain prescription medicines — psychotropic drugs or drugs called SSRIs (selective serotonin reuptake inhibitors) may curb or reduce the effects of mental illness, these drugs have shortcomings and may result in terrible side-effects: suicidal thoughts among many others. Sadly, due to their side effects, many mentally ill individuals balk at taking the prescribed drugs. Treating the mentally ill is challenging in any setting.
To receive minimal treatment, the reality for too many mentally ill patents is that they must commit a crime or crimes. The treatment — such as it is — often occurs in a jail or prison, places not ideal to treat these devastating illnesses. While estimates vary widely, observers report that between 1 in 6 and 1 in 2 inmates suffer from some form of mental illness, sometimes compounded by addictions to illegal drugs or alcohol.
In the criminal justice world, in theory, not guilty by reason of insanity or diminished capacity may be potential defenses to certain crimes committed by the mentally ill; however, courts, prosecutors, police, jurors and the public rarely accept the defenses. The criminal justice system concerns itself with identifying crimes and the people who commit them, charging, arresting, trying and convicting the persons responsible for the criminal acts and incarcerating or imprisoning them, not with helping the mentally ill individual. In the criminal justice system, lawyers representing these unfortunate souls face a myriad of challenges. First, the general public often labors under misguided views about mental illness. Regrettably, some believe that mental illness is overstated or does not really exist, that the mentally ill can control their actions just like any normal person, or that people “fake” mental illness to avoid jail. The law requires a mentally ill person to announce in advance that he will plead insanity and allows the State to have the individual examined by its psychologists or experts. These experts — paid for by the State, usually find that the person may be suffering from a serious mental illness, he or she is not legally insane or not affected by diminished capacity. Moreover, the mentally ill person often lacks the funds to retain a competent forensic psychiatrist to counter the State’s expert. All too often, the mentally ill person is convicted in criminal court by a system that he or she does not understand and cannot process or comprehend. In short, he or she is thrown to the wolves. Treatment comes as a by-product of the criminal justice system. Politically, the mentally ill population has little power and few friends, and thus fare poorly when budgets are set and funds appropriated.
If a loved one has been diagnosed as mentally ill and arrested or charged with a crime, it is critically important that a family member or caregiver help him or her find a lawyer who is knowledgeable about criminal law, has some understanding about the mentally ill, and begin working immediately to prepare a defense or persuade the prosecutors about the realities. When mentally ill patients do not begin preparing their defenses immediately upon arrest or filing of a charge against them, the prospect for a good outcome dwindles.
At our law firm, we can represent the mentally ill and guide them, their families and their caregivers through the difficult process.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.