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Prisoner with Head in Hands
A male prisoner in an orange jumpsuit rests his head on his hands
As a criminal defense attorney, I’ve stood beside clients in courtrooms who are not just facing charges, but battling inner demons the justice system often fails to fully acknowledge. Mental health intersects with the legal system in ways that are both complex and deeply troubling, and from where I stand, the gap between law and compassion is far too wide.
Many people assume that those who commit crimes are simply “bad people.” But that assumption fails to account for the reality I see daily: many of my clients suffer from severe mental illnesses—schizophrenia, bipolar disorder, PTSD and major depressive disorder, among others. For them, their actions are not always driven by malice or criminal intent, but by untreated or poorly managed psychiatric conditions. Yet the legal system is built on the premise of personal responsibility and clear intent, leaving little room for nuance when mental illness blurs the lines.
One of the biggest challenges we face as defense attorneys is ensuring that mental health is properly considered at every stage of the criminal process. From arrest to sentencing, the system is rarely equipped to deal with these cases appropriately. Police are often the first responders in mental health crises, but they are not mental health professionals. This mismatch can lead to tragic outcomes, from unnecessary incarcerations to deadly confrontations.
Lack of Training
Even when individuals with mental illness make it through the arrest phase, the courtroom presents its own set of barriers. Judges and prosecutors often lack the training or perspective to understand how a mental health condition impacts behavior. For example, a client of mine once walked into a store and began shouting at customers, believing he was being followed by government agents. He was charged with disorderly conduct and resisting arrest. To the untrained eye, this looked like simple aggression. But to those of us who knew his history, it was a textbook psychotic episode. It took months of fighting and mental health evaluations to get him diverted into treatment instead of jail.
The legal concept of “competency to stand trial” is another area where the system falls short. Clients must be able to understand the charges against them and assist in their own defense. But many individuals, particularly those with severe mental illness, may not meet this standard. Still, courts are hesitant to delay proceedings or dismiss charges, often preferring to push cases forward even when defendants are clearly unwell. Incarceration, in these instances, becomes a holding pattern—not a path to justice or healing.
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And then there's the issue of sentencing. In too many cases, a person’s mental illness is used more as a footnote than a mitigating factor. Judges may acknowledge it, but they’re often bound by mandatory sentencing laws or public pressure to appear “tough on crime.” The result? Individuals who need therapy and psychiatric care are instead locked in prisons that are unequipped to offer either.
Making Progress
Some jurisdictions have made progress with mental health courts and diversion programs, which aim to treat rather than punish. These alternatives offer hope, but they are far from universal and often underfunded. For every client I’ve been able to get into a treatment-focused program, there are several more I’ve watched fall through the cracks.
My role is not only to advocate but to humanize—to remind the court that the person sitting at the defense table is more than their charges. They are someone’s child, friend or parent, struggling with a condition that deserves empathy and medical care, not just legal judgment.
The justice system cannot continue to be the de facto mental health provider in our society. It is neither designed nor trained for that role. What we need is a system that prioritizes treatment over punishment and recognizes mental illness as a legitimate factor in both criminal behavior and rehabilitation. Until then, defense attorneys will keep fighting—case by case, person by person—to bridge that gap.
