There have been significant advances in the reduction of stigma related to mental health issues. People are now more willing than they were decades ago to undergo evaluation and seek treatment for mental health challenges.
Unfortunately, access to robust mental health support is still a challenge for many. Some people even self-medicate for their symptoms with drugs or alcohol. They may commit crimes to access or afford the substances they use.
Sometimes, those with serious mental health challenges may make decisions that put themselves at legal risk. They may get arrested and face prosecution. Can state prosecutors bring charges against those with verifiable mental health disorders or substance abuse issues?
Some conditions limit legal culpability
The state can and does successfully prosecute people with mild to moderate mental health disorders all the time. An individual with depression or anxiety is likely still culpable for their actions even if they lash out in a moment of profound distress.
That being said, the state does recognize insanity as a form of affirmative defense. In scenarios where someone may have been in the midst of a mental health breakdown or if they have a severe, intractable condition like schizophrenia, then proving the existence of the condition could play an important role in developing a criminal defense strategy.
What if people self-medicate?
It is relatively common for those with untreated or undiagnosed mental health issues to use alcohol, street drugs or even other people’s prescription medication to control their symptoms. Some people assume that being under the influence of mind-altering substances could reduce their legal culpability for their behavior.
However, state statutes very clearly prohibit raising claims of voluntary intoxication as a defense to pending criminal charges. Those who knowingly consume drugs or alcohol are responsible for their behavior while they are under the influence. In some cases, a substance abuse disorder could make a defendant eligible for alternative court proceedings, which can help them secure treatment.
Those facing charges while coping with mental health or substance abuse issues may benefit from reviewing the situation at length. Developing a defense strategy that highlights mental health challenges or the effects of substance abuse may be a viable approach for them.