Problems Faced by People With Mental Illnesses During Criminal Cases

 Posted on July 24,2023 in Criminal Defense

Mental health is an ongoing concern for many people in the United States. While some people with mental illnesses are able to receive treatment, manage their symptoms, and live productive, fulfilling lives, others may struggle to do so. People with a lack of resources, such as those who do not have health insurance or support from family members, are more likely to struggle with the effects of mental illnesses such as schizophrenia or bipolar disorder, and they may engage in illegal activities. 

Unfortunately, when people with mental illnesses become involved in the criminal justice system, they often struggle to receive the proper treatment. The lack of resources available in prisons often causes a person’s condition to become worse, making them more likely to commit additional offenses. This can lead to a vicious cycle in which a person will face longer periods of incarceration and more severe symptoms, making it difficult or impossible to reintegrate into society and ensure that they can receive the proper treatment.

Issues Affecting Mentally Ill People Who Are Charged With Crimes

Studies show that people who have mental illnesses are much more likely to be the victims of violent crimes than to perpetrate these types of offenses. However, due to misunderstandings about mental illnesses and biases against those who struggle with these types of disorders, people who suffer from these conditions are often treated as if they are dangerous, and they may face serious criminal charges due to actions taken when they were not acting in their right mind.

When mentally ill people are arrested, held in the custody of law enforcement, and charged with crimes, they will often struggle to understand the nature of the offenses they are accused of, and they may not have the capacity to defend themselves against criminal charges. In some cases, people may need to receive treatment that will allow them to regain the proper mental capacity, but treatment facilities may not accept those who have been accused of violent crimes or who may present a risk to the safety of staff members. This may force a person to remain in jail, where they are unlikely to receive the proper treatment. 

In many cases, medications needed to treat mental health conditions are not available for those who are incarcerated, and the conditions in jails and prisons can make their symptoms worse. Inmates may be kept in isolation in an effort to protect their safety, but this can be especially harmful for their mental health. Because of these issues, a person’s condition is likely to become worse, and they may be unable to properly manage their illness after they are released.

Programs for People With Mental Illnesses in Connecticut

To address these issues, the state of Connecticut has put programs in place to provide assistance for people with mental illnesses who are charged with crimes. The Jail Diversion program may allow people with psychiatric or substance abuse disorders to receive recommendations for forms of treatment that may be appropriate as an alternative to incarceration, referrals to community services to address their medical and housing needs, and monitoring of their compliance with court-ordered requirements. The Treatment Pathways Program (TPP) may allow people with substance use disorders who have been charged with non-violent crimes to avoid convictions through pretrial diversion, while also ensuring that they can receive treatment and support services. 

Contact Our Hartford Criminal Defense Lawyer for Mental Illnesses

Mental health is a concern that affects nearly everyone, but unfortunately, those who struggle with serious mental illnesses may face significant obstacles when they become involved in the criminal justice system. However, there may be options for people who have been diagnosed with psychiatric disorders, including diversionary programs that will allow them to avoid serious penalties and give them the tools to manage their conditions successfully in the future. At Woolf Law Firm, LLC, our Connecticut criminal defense attorney can provide legal guidance and representation to people with mental illnesses who are facing criminal charges. We will work to ensure that a person receives the proper treatment and will be able to take the proper actions to protect the safety of themselves and others. To set up a free consultation and get legal help with these matters, contact us today at 860-290-8690.

Sources:

https://www.pbs.org/wgbh/frontline/article/criminal-justice-system-mental-illness/

https://www.ncsc.org/__data/assets/pdf_file/0017/74141/CT-Jail-and-Court-Diversion-Final.pdf

https://www.cga.ct.gov/current/pub/chap_951.htm#sec_53a-13