Many states still struggle with identifying and treating mental illness of those who commit crimes rather than resorting to incarceration—and Maryland is unfortunately one of them. In this day and age, most people have become aware of how the mental health status of a defendant can significantly impact the outcome of their criminal charges. Despite the prevalence of mental illness, the criminal justice system often fails to address underlying mental health issues, which many times results in those with mental illnesses being incarcerated rather than receiving treatment.

According to the Treatment Advocacy Center, there are roughly ten times more individuals with mental illnesses in jails and prisons than in state-funded psychiatric treatment centers. This study even shows that at least 20% of those incarcerated in jails and 15% of those in state prisons have a serious mental illness. A separate study found that the likelihood of incarceration rather than mental illness treatment was approximately 2.6 to 1 in Maryland at one point. Assisted outpatient treatment (AOT) centers have emerged as a potential solution to this issue, but more needs to be done to ensure that individuals with mental health issues receive the support and treatment they need.

The link between mental illness and crime

According to a study which focuses on psychiatric illness and criminality, there is a complex relationship between mental illness and crime. While the vast majority of people with mental health conditions do not engage in criminal behavior, there is a higher prevalence of mental illness among people who are incarcerated than in the general population. It was found that factors such as substance abuse, homelessness, and poverty can intensify the link between mental illness and crime.

Additionally, certain mental health conditions such as schizophrenia and bipolar disorder have been associated with an increased risk of violent behavior, particularly when they are left untreated. Untreated mental illnesses as serious as these can affect a person’s behavior and decision making, which can cause them to break the law. It is important to note, however, that the majority of people with mental illnesses are not violent and are more likely to be the victims of violent crimes than the perpetrators themselves.

Mental health can influence the way a case proceeds

The impact of mental health on the verdict is an essential aspect of criminal cases that cannot be ignored. Mental health issues can be used as a mitigating factor in a criminal assault case, for example, leading to a less severe sentence or sometimes even an acquittal. They may also play a role in mitigating certain drug charges.

Of course, a person’s mental health may also play a role in how a prosecutor builds his or her case. For example, the State may subpoena medical records as part of its case. There is a specific exemption in HIPAA laws which allows prosecutors to access these records in criminal investigations. As such, the accused’s own health records could potentially be used against him or her.

Finally, we must recognize that many people have an implicit bias when it comes to mental health – including the people who make up juries. While defense attorneys are capable of weeding out potential jurors who cannot be impartial, some biases and beliefs run deep, and they may not always be apparent (even to the jurors themselves) during voir dire.

A quick note about the “insanity” plea in Maryland

In some cases, the defense may reference the defendant’s mental health condition as a reason for using the insanity plea. In this context, the legal definition of insanity plays a crucial role. The law recognizes that individuals with certain mental health conditions may not be responsible for their actions, even if those actions would typically be considered criminal, like assault.

In Maryland, the law recognizes the insanity plea as a legal defense in criminal cases. According to Maryland Criminal Procedure § 3-110, a defendant may plead not criminally responsible by reason of insanity if, at the time of the offense, they suffered from a mental disorder that rendered them incapable of understanding the criminality of their actions or of conforming their behavior to the requirements of the law. Before the plea is filed, the defendant must undergo a competency hearing where a psychiatrist or licensed psychologist will evaluate the defendant to determine whether or not they are fit to stand trial.

There are alternatives to incarceration

It is important to consider mental health when determining criminal responsibility because if the defendant does prove to have a clinical mental illness, it may change the court’s outlook on what an appropriate sentence is. Instead of giving the defendant jail time, they may offer something like assisted outpatient treatment instead to help remediate the root cause of the issue.

As the link between mental illness and incarceration becomes increasingly apparent, many states are exploring alternatives to traditional jail or prison time for those with mental health issues. In recent years, assisted outpatient treatment centers have gained popularity. These centers provide a range of services and support to individuals with mental health issues, such as counseling, medication management, and social services.

By providing these resources, AOT centers aim to reduce the likelihood of individuals with mental illness becoming involved in the criminal justice system. These programs can be more cost-effective than traditional incarceration as they require fewer resources and prove to have a lower reoffending rate. AOT centers can also offer a better quality of life for individuals with mental health issues, allowing them to access the resources they need to manage their condition and live more fulfilling lives.

If you have been charged with a crime in Bowie, Crofton, or anywhere in Maryland, it is essential to work with an experienced criminal assault attorney who can help navigate the complexities of the legal system. The team at Carey Law Office can work with mental health experts to build a strong case for your defense, presenting evidence and testimony that can help demonstrate your mental state at the time of the offense and negotiate alternative sentencing options, such as diversion programs or mental health treatment programs, that may be more appropriate than traditional jail time. Ultimately, working with a knowledgeable attorney can make a significant difference in the outcome of your case. To schedule a consultation, call our offices or fill out our contact form. We maintain offices in Bowie, Crofton, and Owings, and also serve Calvert County and the surroundings areas.