Chapter III: Pretrial Issues, Adjudication and Sentencing

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Outline
Introduction
Policy Statements:
7
8
9
10
11
12
13
14
15
16
Conclusion
Additional Resources

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Policy Statement 7: Appointment of Counsel

Make defense attorneys aware of the following: (a) the mental health condition, history and needs of their clients as early as possible in the court process; (b) the current availability of quality mental health resources in the community; and (c) current legislation and case law that might affect the use of mental health information in the resolution of their client's case.

Overview
Recommendations:
a
b
c
d

Recommendation d: Make resources available to the family members and friends of people with mental illness to help them navigate the criminal justice system.

When a person with mental illness becomes involved in the criminal justice system, his or her family, friends, mental health service providers, and other advocates may want to help in a variety of ways. Family members may want to inform the defense attorney about the defendant's mental health history, to advocate for the defendant's placement in a particular treatment program, or generally to help their loved one navigate the criminal justice system. Advocates in some communities have developed resources for such situations.

Example: When a Person with Mental Illness is Arrested: How to Help, Urban Justice Center, New York City (NY)

Staff at the Urban Justice Center's Mental Health Project have developed a practical handbook for supporters of people with mental illness who have become involved in the criminal justice system. The handbook provides general information about the criminal justice process (arrest, arraignment, meeting with counsel), relevant statutes, and advice for advocates on working with defense attorneys, as well as information specific to the New York City criminal justice system.