Damn Right,
We Fight!
Nationally Recognized
& Award-Winning Law Firm
In What Ways Can Mental Health Issues Impact Criminal Defense Strategies in Ohio?

In What Ways Can Mental Health Issues Impact Criminal Defense Strategies in Ohio?

Latest News

Precisely What Is an “Insanity Defense” In a Criminal Case?

Certain psychiatric conditions may predispose some individuals to criminal behavior and increase their risk of committing a crime. Recent research shows that, depending on the type of mental condition, patients with mental illness may be more prone to violence. This is especially true if they don’t get proper or adequate treatment.

It’s a fundamental fact in criminal law that if a person is insane, they probably are not responsible for their actions.

The legal problem is, however, what precisely is “insanity?”  For this defense to be successfully used, you must have a form of mental illness that significantly affects your actions and understanding of what it is to commit a crime and the ability to know the difference between standard and criminal behavior.

If your mental state is proven to be that unstable, then you may be able to be excused from committing the crime.

If you have a mental illness, and your knowledgeable and passionate criminal defense lawyer can prove it, you may escape jail or even a conviction in a criminal charge. However, in most cases, when the mentally ill are punished, they are confined in mental institutions and don’t just “walk free.

However, in recent years, the “insanity defense” has been the subject of much controversy.

This began when John Hinckley was acquitted of attempting to assassinate President Ronald Reagan; many highly recognized professional organizations and vocal citizens were outraged and made it explicitly clear that this type of verdict should never occur.

So, although the insanity defense is still being used in Ohio, it’s highly challenging to defend legally, and using an extremely well-versed and knowledgeable criminal defense law team is mandatory.

How Can Mental Health Be Used As a Valid Criminal Defense in Ohio?

 Ohio, under the state’s revised code, uses the “M’Naghten Rule” to attempt to define an insanity defense.

Simply put, you can be found not guilty by reason of insanity (NGRI) if your criminal defense lawyer can prove that you did not know, due to your “severe mental disease or defect, the wrongfulness of your (criminal) actions.”

When you begin your case, you must plead NGRI at your arraignment. It is evident that if you have a “severe mental disease or defect,” this will sustain many other evidentiary issues. For example, what may count as a “mental disease,” and when is your mental disease severe enough to avoid criminal prosecution and its consequences?

The first thing your well-versed criminal defense lawyer must do is mount a strategic defense that presents enough evidence to convince the jury that there is a 50.1% chance that you’re insane.

When you plead NGRI, the Ohio court usually orders a medical team to examine you and make their findings available to your defense lawyer, the court, and the prosecution.

Additionally, the court usually has the examining doctors or an expert witness testify as to the current state of your mental condition.

Whether you have a “mental disease or defect” that is “severe” enough to justify your inability to be prosecuted is relatively subjective and usually all boils down to the evidence that’s presented. If your competent, highly knowledgeable criminal defense law team can convince the jury that you had a severe mental disease that effectively made you unable to tell what you were doing was wrong, you probably have a strong and possibly winning insanity defense.

In What Ways Can My Lawyer Prove a Mental Health Defense?

Proving anyone’s “mental health” is always a challenging situation. It will require in-depth evaluation by highly qualified medical and mental health professionals.

However, in your case, these various professionals will be tasked with determining the grounds under which you, as the person who committed the crime, have criminal responsibility and competency to stand trial.   

These cases are legally extremely complex, and defendants are evaluated by professionals hired by their own lawyers and other medical professionals hired by the prosecution.

However, despite the challenging process of pleading NGRI as a defense, usually, if you do have a provable mental health issue that affects your behavior, it may well be worth the effort.

If your conditions are valid, your criminal charges could be dismissed, or you may not be found guilty.

Even if you’re convicted, your mental health would be a mitigating factor in the consequences that you face. Instead of jail or state prison, you could be remanded to have appropriate treatment for your mental disorders. Additionally, court-ordered treatment is sometimes voluntary or on an inpatient or outpatient basis; of course, the severity of your crime is always a contributing factor to all these conditions. 

Can My Mental Health Affect My Criminal Defense Proceedings?

The simple answer is yes, it can. Many mentally ill defendants face specific obstacles during criminal proceedings. They may not be able to fully understand the charges brought against them and participate adequately in their own defense. This always further complicates the proceedings.

Psychological evaluations, expert testimony, medical tests, and procedures may all be used in legal proceedings to assess a person’s mental state.

Effectively integrating mental health matters into your defense strategy is critical to producing fair results. One relatively new approach is the creation of mental health courts dedicated to rehabilitation rather than punishment.

These courts offer alternative sentencing options, such as treatment plans, diversion programs, and more, that are specifically designed to treat a defendant’s mental health problems.

The courts, judges, and lawyers are beginning to see an intersection between mental health and criminal defense. Therefore, the courts and lawyers can hopefully better understand the effects of mental health on individuals within the legal system.

Most knowledgeable and forward-thinking criminal defense lawyers are beginning to recognize that untreated mental health issues could contribute to criminal acts.

If you do have a mental condition, and it may have contributed to your criminal actions, discuss your case thoroughly with a knowledgeable, compassionate, and highly experienced criminal defense lawyer; they will know if pleading NGRI is a suitable defense.

I Have Been Treated for Mental Issues and Been Charged With a Crime; How Should I Proceed?

If you even consider that your mental health issue (diagnosed or undiagnosed) influenced your behavior and you committed a crime, you should, at the least, discuss a mental health defense with your criminal defense lawyer.

It’s true that the standard of proof in these cases is high, and you need a skilled, aggressive, highly knowledgeable, and passionate criminal defense lawyer.

Attempting to navigate an NGRI defense is challenging. Still, the criminal defense lawyers at HMW Law, with decades of trial experience, will work passionately and tirelessly to mount the best defense possible. Call them today at 216-369-1352 for a consultation on your case, and you’ll immediately see that they have a real passion for your case and you’re in the best legal hands possible.

Related Articles