“Innocent until proven guilty.” These words contain the heart of the U.S. judicial system. Legal professionals exist to seek justice and provide advocacy for every client facing accusation. But real life is complex and messy, and when mental health challenges enter the picture, criminal defense cases can prove even more complicated. Mental health challenges are gaining wider acknowledgment and understanding publicly, but as anyone familiar with mental health difficulties knows, many societal structures remain stuck in archaic operational policies. How does Georgia law make provision for mental health issues in criminal defense?
The Georgia law code addresses cases involving mental health in section 17-7-131 by saying:
In all cases in which the defense of insanity, mental illness, or intellectual disability is interposed, the jury, or the court if tried by it, shall find whether the defendant is:
(A) Guilty;
(B) Not guilty;
(C) Not guilty by reason of insanity at the time of the crime;
(D) Guilty but mentally ill at the time of the crime, but the finding of guilty but mentally ill shall be made only in felony cases; or
(E) Guilty but with intellectual disability, but the finding of intellectual disability shall be made only in felony cases.
In other words, the main two verdicts that are relevant in cases involving mental health are “not guilty by reason of insanity” and “guilty but mentally ill.” The difference between these verdicts and the nuances in both process and sentencing requires a thorough knowledge of the spectrum of mental illnesses and how mental illness affects everyday life for different individuals. Unfortunately, surveys reveal that many attorneys and judges express the opinion that their law school education in the realm of mental illness was inadequate.
In his article on “Representing Clients with Mental Health and/or Cognitive Impairments in Treatment Courts,” Michael Perlin says, “It should be noted that mental illness is not ‘all or nothing at all.’ Perhaps because the legal system is dyadic–a person either is competent or is not; a person either is insane or is not–lawyers often fail to see the gradations of mental illness and the reality that a person may be, say, competent for some purposes and not for others.”
This rigidity in the legal system can create challenges for clients who find themselves facing criminal charges while also wrestling with mental health complexities. While we can’t resolve the challenges of the Georgia court system, at Castan & Lecca, we can promise you individual care and our commitment to stand beside you and fight for you. We welcome your story.
