Mental Health and Criminal Law

It is not uncommon for mental health issues to overlap with criminal charges. In some cases, mental health concerns are the root of actions leading to criminality.

However, the question often arises as to how mental health interacts with the criminal justice system once someone is charged with a crime. In Massachusetts, there are two main ways that come up regularly.

First, a person who is unable to comprehend the basic concepts of the criminal justice system may be deemed legally “incompetent” to stand trial. If this finding is made, then the case may remain open until that person becomes “competent” or the interests of justice warrant dismissal of the charges. The Court can order involuntary commitment to a mental health facility if a person is incompetent, although recent decisions in Massachusetts have made this ostensibly less likely by increasing the standard that must be shown to hold someone against their will.

Second, a person suffering from a mental health disease at the time they commit a crime, may not be “criminally responsible.” If this is the case, they can still proceed to trial, but may be able to raise this as a defense. In classic terms, this is an “insanity” defense. Again, although this could lead to acquittal, such findings could be used to involuntarily commit someone to a mental health facility.

If you, or a loved one, is charged with a crime, and also suffers from a mental health disorder, an experienced lawyer can help them navigate the system, assist with getting the help they need, and avoid either conviction or involuntary commitment.