CAN MENTAL HEALTH AFFECT CRIMINAL RESPONSIBILITY?
Can Mental Illness Be Used as a Defense in a Criminal Case?
Yes. If someone has been charged with a crime but has a history of serious mental illness, you might wonder whether they can be held legally responsible. In Massachusetts, the law recognizes that certain mental illnesses can prevent a person from understanding their actions or controlling their behavior. This is why the state allows for what’s called lack of criminal responsibility, also known as the “insanity defense.”
What is the Difference Between “Insanity Defense” and “Criminal Responsibility”?
In books and movies, people often refer to the “insanity defense.” But in Massachusetts, the term is lack of criminal responsibility. The terms technically refer to the same thing, but judges and lawyers prefer “criminal responsibility” because it more accurately reflects the legal standard and avoids confusing the jury.
What Does It Mean to Be Criminally Responsible?
Criminal responsibility means that a person can be held legally accountable for actions. Under Massachusetts law, a person is not criminally responsible if they had a mental disease or defect that affected them at the time of the offense. Specifically, the law applies if the person either:
- Couldn’t understand that what they were doing was wrong, or
- Couldn’t control their behavior to follow the law.
Who Decides Whether Someone Is Legally Insane?
First, it is important to recognize that Massachusetts law presumes that people are sane. But if there is any evidence that raises a question about the defendant’s mental state, the issue of criminal responsibility becomes part of the case. When that happens, it is the Commonwealth who must then prove beyond a reasonable doubt that the defendant was criminally responsible at the time of the offense.
This burden only arises if the issue is raised. In most cases, the defense hires a mental health expert to evaluate the defendant. The expert usually reviews medical records, interviews the defendant, and prepares a report. Any evidence that could lead a jury to question the defendant’s mental state is enough to raise the issue.
Once that happens, the burden shifts to the prosecution. The Commonwealth can then respond with its own expert. This is sometimes called a “battle of experts.”
How Do You Prove Someone is Legally Sane or Insane?
Once the issue is raised, the prosecution must prove the defendant was criminally responsible beyond a reasonable doubt. There are two ways to do this:
- No Mental Illness or Defect: The Commonwealth can argue that the defendant did not suffer from a mental disease or defect at the time of the offense. “Mental disease or defect” does not need to meet a specific medical diagnosis. It is up to the jury to decide whether the defendant had a qualifying mental condition.
- Substantial Capacity Despite Illness: Even if the defendant did have a mental disease or defect, they can still be criminally responsible. The Commonwealth can prove criminal responsibility by showing that the defendant had the substantial capacity to: (1.) understand that their actions were illegal or wrong, and (2.) control their behavior and follow the law.
Do You Still Go to Jail If You’re Found Not Guilty by Reason of Insanity?
No, but that does not mean you are automatically released.
If you’re found not guilty by reason of lack of criminal responsibility, the judge can order hospitalization for an extended period of observation. In a lot of cases, the person is sent to a facility, such as Bridgewater State Hospital, for six months.
After that, the hospital may ask the court to commit you for longer if you are found to remain mentally ill and dangerous..
Can You Use the Insanity Defense If You Were Drunk or High?
Usually, no. Being drunk or high on its own does not count as a mental illness. If voluntary intoxication is the only reason you committed a crime, you’re still criminally responsible.
But there is one exception. If you had a preexisting mental illness and the alcohol or drugs made it worse, you might qualify for the insanity defense. But if you knew or should have known that using substances would trigger your condition, you’re likely still responsible.
What’s the Difference Between Competency and Criminal Responsibility?
These two legal concepts are easy to confuse, but they apply at different points in a case.
- Competency is about the present. It asks whether the defendant is able stand trial. To do so, they need to be able to understand the court process and participate in their own defense. This includes knowing the roles of the people in court and understanding the charges.
- Criminal responsibility, on the other hand, is about the past. It asks about the defendant’s mental state at the time of the alleged crime. A person can be competent to stand trial but still lack criminal responsibility for their previous actions.
Examples of someone who might be found not competent include:
- A person with severe memory loss
- Someone with a serious intellectual disability
- A very young child
Can You Be Found Not Criminally Responsible Because of Depression or Anxiety?
Realistically, probably not. Conditions like depression or anxiety, while serious and often debilitating, rarely meet the high legal bar for lack of criminal responsibility on their own.
To support this defense, the depression or anxiety must be so severe that it significantly affects the person’s grasp of reality or ability to follow the law. That’s pretty uncommon. It’s more likely in cases involving psychotic features, such as delusions or hallucinations.
Either way, it comes down to whether there is credible evidence to support the claim—and ultimately, what the jury believes.
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH A CRIME, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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