How Mental Illness Can Impact Sentencing and Relief

When someone has a mental illness, such as schizophrenia, post-traumatic stress disorder, or bipolar disorder, it can impact several aspects of a criminal case. Their mental health condition can influence criminal behaviors or make it hard for them to successfully navigate the legal system, both during the trial and after it.

Post-conviction relief takes many forms, such as criminal appeals of the conviction, motions for sentence reduction, or challenges of civil rights violations. When a conviction or sentencing failed to take into account the defendant’s mental well-being, or the trial itself was affected by the defendant not understanding their own defense, post-conviction relief may be able to address these issues.

The Goal of Post-Conviction Relief

The intention of post-conviction relief is to address miscarriages of justice during criminal trials, or to review new evidence or changes to legislation that could change the outcome of the case. Mental health issues are only applicable for a criminal appeal or other post-conviction relief when those issues were ignored during the criminal trial. If mental illness was already accounted for in the trial and sentencing, then there may be no options for relief based on mental illness.

What Does a Mental Health Evaluation Consider in Post-Conviction Relief?

In some types of post-conviction relief, it can be relevant to conduct a mental health evaluation of a defendant who was convicted.

This evaluation should consider the current and long-term mental health conditions of an individual who was sentenced for a criminal offense, and how those conditions can impact the person’s behavior and judgment. This includes reviewing medical records and information, as well as conducting clinical interviews. The interview and testing portion of the evaluation may be conducted by psychiatrists, therapists, psychologists, and other mental health professionals.

The result of a mental health evaluation can be used to determine:

• Mental competency. In some cases, a defendant is not or was not mentally fit and should not be tried in court. If an individual is not able to understand the charges against them and the proceedings, this can affect the results of the case and lead to lighter sentencing or potentially even a new trial.
• Criminal responsibility. If a defendant is shown to be legally insane through a mental health evaluation, this can affect their defense, especially if they are found legally insane when they committed the criminal offense. This can lead to a different sentencing outcome and potential acquittal through the insanity defense.
• Proper sentencing. The outcome of a mental health evaluation also helps assess the right sentencing for someone. The defendant may have been sentenced too harshly without the mitigating factors of their mental health condition. Through post-conviction relief efforts, this could be overturned for lighter sentencing or alternative sentencing.

Each of these different considerations in a mental health evaluation could affect post-conviction relief efforts, but it is essential to have the right support when researching and navigating this relief.

Appealing a Conviction Due to Mental Health

A direct criminal appeal is appropriate when there is an error in the initial trial that affected the outcome. An appeal based on mental health conditions generally applies if a mental illness defense would have been useful in an individual’s defense, but their defense attorney failed to use it as a defense or as a way to mitigate their sentencing. This may be considered ineffectual legal counsel, which is often grounds for an appeal of the conviction or sentencing.

How Does Mental Health Affect Sentencing?

Post-conviction relief based on mental illness can affect sentencing in many ways, including:

• Lowering the length of the sentence
• Mitigating the type of imprisonment
• Leading to incarceration in a mental health facility
• Mitigating the severity of the criminal offense
• Alternate sentencing, such as treatment programs
• Supervised release, such as parole and probation

When mental health conditions are a significant factor in a criminal case, it is important for the legal system to focus even more strongly on rehabilitation. Rehabilitation over punishment helps limit recidivism in many convicted individuals, particularly those who need mental health treatment.

The Challenges of Mental Health in Post-Conviction Relief

While mental health evaluations and mental illnesses can be useful in post-conviction relief, there are still challenges. This includes:

• Mental illness stigma, which often misrepresents many mental health conditions, and can make it difficult to get fair sentencing outcomes
• Support for rehabilitation, which can be difficult when there are existing prejudices about conditions such as bipolar disorder or schizophrenia
• Accurate diagnosis with appropriate treatment, which can be hard to secure, and misdiagnosis can significantly impact the sentencing for a criminal offense
• Continued support after post-conviction motions, including treatment and maintained care
• Evolution of the legal system to support those with mental illnesses

These challenges can make it harder for those with mental health conditions to get the support and treatment they need.

How Can Independent Advocacy Organizations Help With Post-Conviction Mental Health Cases?

If you were convicted of a criminal offense wrongfully, were the victim of procedural errors or rights violations, or were more harshly convicted than you deserve, there are options for you. It can be even more frustrating and overwhelming when you are dealing with a mental health condition that affected the case’s outcome.

An independent advocacy organization can help you assess your options for post-conviction relief. These organizations can provide research, connect you with legal representation, and give you the support you need to deal with this frustrating situation.

Whether your mental illness affected your ability to understand your criminal case fully, or your mental health condition should have been assessed in your defense or sentencing, an advocacy organization can assist you with research to support an appeal, petition, or other motion.

Get the Support You Need and Deserve

The organization NLPA provides resources, research, and support to those who are facing harsh sentencing and wrongful convictions. We offer post-conviction assistance and help you act quickly after a conviction. You deserve justice and a fair outcome in a criminal trial. NLPA can give you the assistance you need and help you find appellate or post-conviction legal counsel that will fight for you.

If you or someone you love had an unfair criminal trial because of their mental illness, there may be options for relief. Reach out to NLPA and learn how we can support you.