The Role of Mental Health in Criminal Defense Cases: Strategies for Success

In State v. Shoffner, 31 Wis. 2d 412, 143 N.W.2d 458 (Wis. 1966), the Supreme Court of Wisconsin wrote that Maine, Illinois, and New York had all adopted laws establishing that a person can not be responsible for their criminal conduct when it was the result of a mental disease or defect. While mental health claims are often known as “pleading the insanity defense,” the truth is that mental health issues can relate to a wide range of psychological disorders, including schizophrenia, bipolar disorder, or major depression.

The American Bar Association (ABA) has specific standards relating to the criminal justice system and the mental health system. The National Conference of State Legislatures (NCSL) says that many states have been taking approaches to better serve people with mental health issues, including pre-arrest intervention, diversion, and reentry.

How Mental Health Claims Work in Wisconsin

According to Maryville University:

●     The Bureau of Justice Statistics (BJS) reports that about 44 percent of people in jail and 37 percent of people in state or federal prison have been diagnosed with a mental illness.

●     The Washington Post reported that almost 25 percent of police shootings involve an encounter with a person with a mental illness.

●     BJS statistics show that suicide remains the leading cause of death in jails and occurs at rates in jails and prisons that are much higher than in the general population.

Under Wisconsin Statute § 971.16, the examination of an alleged offender will mean that when a person enters a plea of not guilty by reason of mental disease or defect or there is reason to believe that mental disease or defect of the defendant will otherwise become an issue in the case, a court can appoint at least one physician or at least one psychologist, but not more than three physicians or psychologists or combination thereof, to examine the alleged offender and testify at the trial. The fact that a physician or psychologist was appointed by a court must be made known to a jury, and the physician or psychologist will be subject to cross-examination by both parties.

Not less than 10 days before trial, or at any other time that the court directs, a physician or psychologist appointed under Wisconsin Statute § 971.16(2) must file a report of their examination of the alleged offender with a judge, who will transmit copies to the district attorney and to counsel for the alleged offender. The report will be confidential until the physician or psychologist has testified or at the completion of the trial.

A report must contain an opinion regarding the ability of the alleged offender to appreciate the wrongfulness of their conduct or to conform their conduct with the requirements of the law at the time of the commission of the criminal offense charged and when sufficient information is available to the physician or psychologist to reach an opinion, their opinion on whether the alleged offender needs medication or treatment and whether they are not competent to refuse medication or treatment. An alleged offender will not be competent to refuse medication or treatment if, because of mental illness, developmental disability, alcoholism, or drug dependence, and after the advantages and disadvantages of and alternatives to accepting the particular medication or treatment have been explained to the defendant, one of the following is true:

●      The alleged offender is incapable of expressing an understanding of the advantages and disadvantages of accepting medication or treatment and the alternatives.

●      The alleged offender is substantially incapable of applying an understanding of the advantages, disadvantages, and alternatives to their mental illness, developmental disability, alcoholism, or drug dependence to make an informed choice as to whether to accept or refuse medication or treatment.

If the alleged offender wants to be examined by a physician, psychologist, or another expert of their own choice, the examiner must be permitted to have reasonable access to the alleged offender for the purposes of examination. The state can summon a physician, psychologist, or another expert to testify, but that witness cannot give testimony unless, not less than 15 days before trial, a written report of their examination of the alleged offender has been transmitted to counsel for the alleged offender.

If a physician, psychologist, or another expert who has examined the alleged offender testifies concerning their mental condition, they must be permitted to make a statement as to the nature of their examination, their diagnosis of the mental condition of the alleged offender at the time of the commission of the offense charged, their opinion as to the ability of the alleged offender to appreciate the wrongfulness of their conduct or to conform to the requirements of law and, if sufficient information is available to the physician, psychologist or expert to reach an opinion, their opinion on whether the alleged offender needs medication or treatment and whether the alleged offender is not competent to refuse medication or treatment for their mental condition. Testimony concerning an alleged offender’s need for medication or treatment and competence to refuse medication or treatment may not be presented before the jury that is determining the ability of the alleged offender to appreciate the wrongfulness of their conduct or to conform their conduct with the requirements of the law at the time of the commission of the criminal offense charged.

The physician, psychologist, or another expert can be permitted to make an explanation reasonably serving to clarify their diagnosis and opinion and may be cross-examined as to any matter bearing on their competency or credibility or the validity of their diagnosis or opinion. Nothing requires the attendance at the trial of any physician, psychologist, or another expert witness for any purpose other than the giving of their testimony.

Contact Our Eau Claire Criminal Defense Attorney

If you think that you can have a mental health defense in your criminal case in the Eau Claire area, it is going to be important for you to be sure that you have dedicated legal representation. Cohen Law Offices understands how complicated mental health issues can be in criminal cases, but we also know how to work with experts to get alleged offenders the help that they need.

Our firm will always be willing to take your case to trial, so you can know that you will have somebody on your side who is committed to going the distance for you. Call (715) 317-5207 or contact us online to take advantage of a free consultation with our Eau Claire criminal defense attorney.