The Role of Indigent Defense for Defendants with Mental Health Disorders: An Uncharted Issue

• In Event: Legal Services for the Indigent – The Defense of Mentally Disordered Persons Accused of Crimes

Abstract

The incarceration of people with mental health disorders represents a significant public health crisis. Recognizing that untreated mental illness is at the root of criminal justice system involvement for many people, courts are increasingly adopting a range of mechanisms for diverting defendants with mental health disorders to treatment as an alternative to incarceration. As defendants’ primary advocates, indigent defense attorneys are an essential component of this treatment-led response. However, there is a dearth of social science research addressing the needs of defendants with MHD or the specific challenges that attorneys face when representing these cases. This presentation will discuss the information that is needed to improve decision-making in this area and describe a National Institute of Justice funded study that uses a combination of qualitative and quantitative methods to address this knowledge gap.

Author

• Jim Parsons, Vera Institute of Justice