ABA Family Legal Guide

Criminal Justice

Court Procedures

Defenses Against Criminal Charges

How does a defendant's mental health affect the legal process?

Under our system, it is unconstitutional to make anyone who is mentally incompetent stand trial. This means defendants must be able to comprehend the nature of the charges against them and to assist properly in their own defenses (such as explaining to a lawyer what happened and which witnesses may be able to substantiate their accounts). When a defense lawyer has reason to question a client's competency, he or she will ask the judge to order a psychiatric evaluation. A defendant who is found not competent may be committed to a psychiatric facility for treatment, where he or she will stay until he or she is competent to stand trial. In some states, the psychiatric patient must be released after a certain period.