In the United States, the intersection of mental health and the criminal justice system reveals a troubling reality: individuals with mental health challenges are often funneled into incarceration rather than provided with the treatment they desperately need. At Lessem, Newstat & Tooson, LLP, we see firsthand how minor offenses, often rooted in untreated mental health conditions, escalate into serious criminal charges, perpetuating a cycle of punishment over rehabilitation.
This blog post explores the criminalization of mental health challenges, its systemic roots, and the legal strategies we employ to advocate for treatment-focused solutions.
The Problem: When Mental Health Meets the Justice System
Mental health challenges affect millions of Americans, with nearly one in five adults experiencing a mental health condition each year, according to the National Alliance on Mental Illness (NAMI). For those without access to proper care, symptoms can manifest in behaviors that attract law enforcement attention, such as public disturbances, trespassing, or petty theft. These minor offenses, often cries for help, are met with arrests and charges rather than compassionate intervention.
Once entangled in the legal system, individuals with mental health challenges face significant obstacles. They may struggle to understand court proceedings, communicate effectively with counsel, or adhere to probation requirements. Without proper advocacy, a minor offense can spiral into severe consequences, including incarceration in facilities ill-equipped to provide mental health care. The result? A revolving door of arrests, convictions, and recidivism, with little to no focus on addressing the underlying mental health crisis.
Systemic Failures: Why the System Criminalizes Mental Health Challenges
The criminalization of mental health challenges stems from systemic gaps in both healthcare and legal frameworks:
- Lack of Mental Health Resources: Budget cuts to mental health services have left communities with limited access to crisis intervention, psychiatric care, or affordable treatment programs. When individuals in crisis have nowhere to turn, law enforcement often becomes the default response.
- Training Gaps in Law Enforcement: While some police departments have implemented Crisis Intervention Team (CIT) training, many officers lack the tools to de-escalate situations involving mental health crises. This can lead to arrests for behaviors that are symptoms of mental health challenges rather than intentional criminal acts.
- Overreliance on Incarceration: Courts often prioritize punishment over rehabilitation, especially for low-level offenses. Probation conditions or jail time can exacerbate mental health challenges, making compliance difficult and recidivism more likely.
- Stigma and Misunderstanding: Mental health challenges are often misunderstood by legal professionals, leading to assumptions about a defendant’s intent or culpability. This stigma can result in harsher penalties and missed opportunities for diversion programs.
Legal Strategies to Advocate for Treatment Over Punishment
At Lessem, Newstat & Tooson, LLP, we believe in fighting for outcomes that prioritize our clients’ well-being. Here are key strategies we use to advocate for individuals with mental health challenges facing criminal charges:
- Mental Health Diversion Programs: California’s Penal Code Section 1001.36 allows eligible defendants with mental health disorders to participate in treatment programs instead of prosecution. We work to demonstrate eligibility and secure placement in these programs, ensuring clients receive care rather than punishment.
- Competency Evaluations: If a client’s mental health affects their ability to understand or participate in their defense, we request a competency evaluation under Penal Code Section 1368. This can lead to suspended proceedings and court-ordered treatment.
- Mitigation Through Expert Testimony: We collaborate with mental health experts to provide the court with a clear picture of how a client’s mental health contributed to their actions. This can influence sentencing, leading to probation or treatment-focused outcomes.
- Alternative Sentencing: For clients convicted of minor offenses, we advocate for community-based alternatives, such as supervised outpatient treatment or restorative justice programs, to address the root causes of their behavior.
- Challenging Stigma in the Courtroom: We educate judges and prosecutors about mental health, emphasizing that behaviors stemming from mental health challenges are not equivalent to criminal intent. This reframing can lead to more compassionate rulings.
A Call for Change: Reforming the System
While individual advocacy is critical, systemic change is essential to break the cycle of criminalization. Policymakers must prioritize:
- Increased Funding for Mental Health Services: Expanding access to community-based treatment and crisis intervention programs can prevent minor incidents from escalating into arrests.
- Mandatory Law Enforcement Training: Comprehensive CIT training for all officers can improve responses to mental health crises, reducing unnecessary arrests.
- Expansion of Diversion Programs: Courts should expand access to mental health diversion and restorative justice programs, ensuring they are available to all eligible defendants.
- Destigmatizing Mental Health: Public education campaigns can reduce stigma, encouraging empathy and understanding within the legal system.
Conclusion: Compassion Over Criminalization
The criminalization of mental health challenges is a failure of both compassion and policy. At Lessem, Newstat & Tooson, LLP, we are committed to advocating for clients who deserve treatment, not punishment. By leveraging legal strategies like diversion programs, competency evaluations, and expert testimony, we strive to secure outcomes that address mental health needs while protecting our clients’ futures.
If you or a loved one is facing criminal charges complicated by mental health challenges, our experienced attorneys are here to help. Contact Lessem, Newstat & Tooson, LLP today to discuss how we can advocate for a treatment-focused resolution.