Paving The Way To Justice

Cassandra Stamm
Paving The Way To Justice

Mental health and post-conviction relief

On Behalf of | Aug 28, 2024 | Criminal Law

Mental health problems can greatly affect how someone behaves and deals with the legal system. Issues like schizophrenia or bipolar disorder can make it hard for a person to understand the charges against them or help in their own defense, which is their basic right.

Filing for post-conviction relief offers a person the chance to have their conviction reconsidered, with a focus on their mental health. This can result in fairer sentences, necessary treatment or even clearing their name.

Can mental health issues be a basis for post-conviction relief?

Yes. The court can order an assessment of the defendant’s mental competency at any stage of the legal process, even after conviction. If the court finds a defendant unable to understand or participate during the initial trial due to mental health issues, it can order a new trial or change the sentence.

In Hawaii, state laws provide a defense for defendants whose mental health conditions significantly affect their ability to understand or control their actions. The court can acquit the defendant if it is convinced by a report or a hearing that the defendant was not responsible due to their condition.

How are mental health issues considered during the proceedings?

During post-conviction proceedings, mental health evaluations are crucial for ensuring fair justice. These typically include:

  • Seeing if the defendant was mentally fit to stand trial during the initial proceedings, meaning they understood the proceedings and could help in their own defense.
  • Looking at the defendant’s past mental health records and how long-term mental health issues affect their behavior. This includes diagnoses, treatments and hospital stays.
  • Checking the defendant’s current mental health status. The court considers any ongoing issues, treatments and their ability to take part in the post-conviction process.

Qualified professionals, such as psychiatrists, psychologists and forensic experts, conduct these evaluations. They may also give expert testimony during the post-conviction hearing and suggest proper treatments or interventions. This is important if the court considers alternative sentencing focused on rehabilitation rather than punishment.

Take action today

By understanding and pursuing post-conviction relief, you can help ensure that your loved one receives the justice and care they deserve.