The Impact of Mental Health Stigma on Jury Perceptions in Criminal Trials

September 18, 2025
By Lessem, Newstat & Tooson, LLP

Mental health stigma remains a pervasive issue in society, and its influence extends into the courtroom, where it can significantly affect jury perceptions and decisions in criminal trials. At Lessem, Newstat & Tooson, LLP, we recognize the critical role that mental health plays in the justice system and the challenges defense attorneys face in addressing biases to ensure fair trials.

This blog post explores how the stigma surrounding mental illness impacts jury decision-making and outlines strategies our attorneys can employ to mitigate these biases.

Understanding Mental Health Stigma in the Courtroom

Mental health stigma refers to the negative attitudes, stereotypes, and misconceptions that society holds about individuals with mental health conditions. In criminal trials, these biases can shape how jurors perceive defendants who have mental health issues, often leading to unfair judgments.

For example, jurors may view a defendant with a diagnosed mental illness as inherently dangerous, unpredictable, or less credible, even when evidence suggests otherwise. This stigma can be particularly pronounced in cases involving serious crimes, where jurors may be more inclined to prioritize public safety over nuanced considerations of mental health.

Research indicates that jurors often lack a comprehensive understanding of mental health conditions, such as schizophrenia, bipolar disorder, or post-traumatic stress disorder (PTSD). This knowledge gap can lead to misinterpretations of a defendant’s behavior or motives.

For instance, a defendant with a history of mental illness may be perceived as “faking” their condition to evade responsibility, or their symptoms may be mistaken for signs of guilt or aggression. These misconceptions can sway jury deliberations, potentially leading to harsher verdicts or skepticism toward legitimate mental health defenses, such as insanity or diminished capacity.

The Role of Jury Bias in Decision-Making

Jurors bring their personal beliefs, experiences, and societal influences into the courtroom, and these factors can amplify mental health stigma. Several common biases contribute to unfair jury perceptions:

  • Stereotyping Mental Illness as Dangerousness: Media portrayals and societal narratives often associate mental illness with violence, leading jurors to assume that a defendant with a mental health condition poses a greater threat, regardless of the evidence.
  • Skepticism Toward Mental Health Defenses: Jurors may distrust claims of mental illness, particularly in high-profile cases, suspecting that defendants are exaggerating or fabricating symptoms to avoid accountability.
  • Lack of Empathy for Invisible Conditions: Unlike physical disabilities, mental health conditions are often invisible, making it harder for jurors to empathize with a defendant’s struggles or understand how their condition may have influenced their actions.
  • Moral Judgment Over Clinical Understanding: Jurors may prioritize moral or emotional judgments over clinical evidence, viewing mental health issues as a character flaw rather than a medical condition that requires treatment.

These biases can lead to inconsistent or unfair verdicts, undermining the principles of justice. For defendants, the consequences can be profound, resulting in longer sentences, inappropriate convictions, or a failure to receive necessary mental health treatment.

Strategies for Defense Attorneys to Address Mental Health Stigma

At Lessem, Newstat & Tooson, LLP, our experienced criminal defense attorneys employ strategic approaches to counteract mental health stigma and advocate for fair trials. Here are key strategies to address jury biases effectively:

1. Educating Jurors Through Expert Testimony

One of the most effective ways to combat mental health stigma is by presenting clear, credible, and accessible expert testimony. Psychiatrists, psychologists, or other mental health professionals can explain the defendant’s condition, its symptoms, and its potential impact on their behavior at the time of the offense. By demystifying mental health conditions, experts can help jurors understand that these are medical issues, not moral failings. Our attorneys work with experts to ensure their testimony is relatable and avoids overly technical jargon that might alienate jurors.

2. Humanizing the Defendant

To counter stereotypes, our defense attorneys can present a comprehensive picture of the defendant’s life, emphasizing their humanity beyond their mental health condition. This may include testimony from family members, friends, or employers who can speak to the defendant’s character, struggles, and efforts to manage their condition. By highlighting the defendant’s personal story, we can foster empathy and challenge preconceived notions about mental illness.

3. Addressing Bias During Jury Selection

Voir dire, the jury selection process, is a critical opportunity to identify and address potential biases. Our attorneys can ask targeted questions to uncover jurors’ attitudes toward mental health, such as their beliefs about treatment, the validity of mental health defenses, or their exposure to media portrayals of mental illness. By identifying jurors who may harbor strong biases, we can request their exclusion to ensure a more impartial panel.

4. Framing Mental Health in Closing Arguments

In closing arguments, our defense attorneys can reframe mental health issues to align with jurors’ sense of fairness and justice. For example, we might emphasize that holding a defendant accountable does not mean ignoring their mental health needs. By framing mental illness as a factor that warrants compassion and understanding, rather than punishment, we can appeal to jurors’ sense of empathy while reinforcing the legal basis for their defense.

5. Challenging Misleading Narratives

Prosecutors may exploit mental health stigma to paint defendants as dangerous or manipulative. Our defense attorneys must proactively challenge these narratives by presenting evidence that counters stereotypes. This could include medical records, treatment history, or testimony that demonstrates the defendant’s condition was unmanaged or exacerbated by external factors, such as lack of access to care.

The Broader Implications for the Justice System

The impact of mental health stigma on jury perceptions highlights a broader need for reform in how the justice system handles mental illness. At Lessem, Newstat & Tooson, LLP, we advocate for increased education on mental health issues. Additionally, we support policies that promote access to mental health treatment within the criminal justice system, ensuring that defendants receive the care they need rather than facing punitive measures that exacerbate their conditions.

By addressing mental health stigma in the courtroom, we can move closer to a justice system that balances accountability with compassion. Fair trials depend on jurors’ ability to evaluate evidence objectively, free from the distortions of stigma and bias.

Don’t Let Bias Define Your Case

Mental health stigma poses a significant challenge to achieving fair outcomes in criminal trials. Jurors’ biases can lead to misinformed decisions, often to the detriment of defendants with mental health conditions. At Lessem, Newstat & Tooson, LLP, our dedicated defense attorneys are committed to overcoming these challenges by educating jurors, humanizing defendants, and advocating for a more equitable justice system.

If you, or a loved one, are facing criminal charges and mental health is a factor in your case, contact our firm today to discuss how we can protect your rights and ensure a fair trial.

Categories

Related Posts

What Is a Motion to Revoke Probation?

Lessem, Newstat & Tooson, LLP explains what you need to know about a motion to revoke probation. Read our blog if you have violated the terms of your probation and…

Read more...

What to Do If Police Raid Your Home

The criminal defense lawyers at Lessem, Newstat & Tooson, LLP explain how to uphold your rights if police raid your home. Read our blog to learn more.

Read more...

What Steps Should You Take After Being Arrested?

Understanding what to do after being arrested is crucial, as the initial steps you take can significantly impact the outcome of your case. The decisions you make in the early…

Read more...