The Role of Mental Health in Criminal Defense Cases

Georgia punishes people who commit crimes, often by sending them to jail or prison, or else having them serve a sentence in the community with restrictions. However, the law also recognizes that some people are not competent to stand trial, or their mental state prevents them from understanding the difference between right and wrong. Like other states, Georgia allows a defendant to raise insanity or mental illness as a defense.

Bringing any type of mental health defense is difficult. In this article, we look at three situations where mental health could arise: a defendant is not competent to stand trial, the defendant raises an insanity defense, and the prosecution mentions the defendant’s mental health about the crime.

Call Moffitt Law, LLC, to discuss a possible mental health defense with a LaGrange criminal defense lawyer.

Is a Defendant Competent to Stand Trial?

O.C.G.A. § 17-7-129 states that a court must determine whether a defendant is competent to stand trial whenever the court has reason to doubt the defendant’s competency. The court does not need to wait for the defendant to raise the issue—the court can and should raise the issue on its own. The law says the judge has a “duty” to consider this issue.

A judge is empowered to order the Department of Behavioral Health and Developmental Disabilities to evaluate the defendant’s competency. The court might also need to have a trial on the issue by taking in evidence from each side.

A defendant is not simply released if they are found incompetent. Instead, the court retains custody of the defendant and might transfer them to the Department of Behavioral Health. However, the defendant could be evaluated as an outpatient if accused of a nonviolent offense.

Ultimately, if the evaluation shows the defendant is incompetent, the question turns to when and if the defendant will attain competency.

Incompetency might be temporary, for example. A defendant who is not expected to attain competency might remain in custody or civil commitment, although in other cases they might be released.

Was the Defendant Insane or Mentally Ill?

The most common mental health defense is insanity, and Georgia recognizes two varieties:

• Cannot distinguish between right and wrong. Under O.C.G.A. § 16-3-2, a defendant cannot be found guilty if they did not have the mental capacity to distinguish right from wrong at the time of the crime.
• Delusional compulsion overpowers free will. O.C.G.A. § 16-3-3 says that a defendant is not guilty if, at the time of the crime, they acted out of an overpowering delusional compulsion as the result of an injury, mental disease, or congenital defect.

In other cases, a defendant might claim they had a different mental illness or were intellectually disabled.

A jury must deliver one of these verdicts whenever a defendant raises insanity, mental illness, or intellectual disability:

1. Guilty
2. Not guilty
3. Not guilty because of insanity at the time of the crime
4. Guilty but mentally ill at the time of the crime (only felony cases)
5. Guilty but with intellectual disability (only in felony cases)

A defendant might plead guilty but raise mental illness, insanity, or intellectual disability. In these situations, a court will only accept the plea after a licensed professional has examined the defendant and the court has held its hearing.

Can the Prosecution Mention a Defendant’s Mental Illness?

Some prosecutors seek to introduce mental illness testimony in courts. This is risky because some jurors might think there is a connection between mental health and crime. They convict the defendant because of the mental illness—not because the jury is convinced the defendant committed the offense. Needless to say, punishing someone for being mentally ill is unfair.

Any testimony about a defendant’s mental illness could be unduly prejudicial. For this reason, our firm is always sensitive to prosecutors making comments about mental illness or trying to get at your medical records. Having an expert witness testify about your mental illness is often inappropriate.

An experienced criminal defense attorney should object if the state tries to introduce mental illness testimony in courts for no valid purpose. If a judge lets it in, then you could have grounds for an appeal if the jury ends up convicting you.

Schedule a Consultation with a LaGrange Criminal Defense Lawyer

Mental health is a complicated area of law, and mental illness testimony in courts raises a host of legal issues. Call Moffitt Law, LLC, to speak with an experienced lawyer. We will review the facts of your case and may bring a mental health defense if it is warranted.