Dealing with mental illness is often a private matter for the person who is suffering this kind of condition, and is something many people would rather not talk about. Despite increased public awareness, the presence of diseases such as depression, bipolar disorder, and schizophrenia still carries a stigma, and going public with these disorders can have a negative impact, both in your personal life as well as on the job. While in other areas of life people may be reluctant to talk about mental illness, it is a defense that many people claim to have when accused of committing a crime. As part of a criminal defense , disclosures regarding mental health issues may be relevant, both in terms of determining guilt, as well as determining the types of punishment that is appropriate.
Defenses for People with Mental Illness
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The National Alliance on Mental Illness (NAMI) estimates that approximately one in five people in the United States struggles with mental illness in any given year, while one in 25 people each year suffer mental conditions serious enough to impact one or more major life activities, such as their ability to work, maintain a home, or take care of themselves. According to NAMI, approximately 20 percent of incarcerated adults and 70 percent of youthful offenders struggle with mental health conditions.
Under Sections 17-24-10-80 of the South Carolina Code of Laws , the use of a defendant’s mental health issues or claims of insanity are an affirmative defense that may be used on the part of someone charged with a crime. In these cases, you would need to prove that the accused lacked the mental capacity to distinguish between what was right or wrong either morally or legally at the time the crime was committed. When an insanity defense is used in criminal matters, there are several potential outcomes:
- The defendant may be found either guilty or not guilty, based on a preponderance of evidence;
- The defendant may be found not guilty by reason of insanity;
- The defendant may be found guilty, but mentally ill.
Punishments for people Who Are Mentally Ill
Under South Carolina law, in the event of a ‘not guilty by reason of insanity’ verdict, the court would order the defendant to be committed to the State Hospital for a period of up to 120 days. During this time, examinations are conducted to determine the need for ongoing hospitalization. If a finding is made that the person no longer requires hospitalization, the defendant may be able to be released under terms and conditions established by the court.
In the event of a ‘guilty but mentally ill’ verdict, the court would take the mental health problems and history of the defendant under consideration during sentencing, and the defendant would need to be held in a special facility at the Department of Corrections until deemed fit to be moved into the general prison population.
Contact Our Experienced Criminal Defense Attorney Today
If you are facing criminal charges, contact our experienced South Carolina criminal defense attorney today. Greenville attorney of Lauren Taylor Law provides aggressive legal representation for people facing charges in a variety of criminal matters. We can advise you on the best strategy for defense in your particular case, while ensuring your rights are protected. Serving Greenville and the surrounding areas, call or contact us online today for an initial consultation.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.