Successful implementation of the policy statements described in Chapter 3: Pretrial Issues, Adjudication, and Sentencing depends in part upon prosecutors, defense attorneys, and judges who are familiar with mental illness, the mental health system, and the type of information they need to make informed decisions on behalf of their clients, on behalf of the state, or in the interests of justice.  Educational opportunities regarding mental health and the law have traditionally tended to focus on case law addressing scenarios, such as the not-guilty-by-reason-of-insanity plea or other issues regarding competency. As a result, new attorneys only rarely are well familiar with mental health and the law.  Of those attorneys who have established an understanding of the issue through law school, few have any practical preparation to defend or prosecute - or assist the court with - a typical criminal case involving a person with mental illness.  The result is that most criminal lawyers learn about how best to proceed with a case that involves a person with a mental illness through discussions with colleagues and case-by-case research - essentially on-the-job training.  While in many instances this can be adequate for preparing the lawyer to handle an individual case, consistent with practices in his or her jurisdiction, the lawyer may be woefully unaware of current findings concerning issues unique to processing such cases.  Given this situation, the recommendations under this policy statement review a variety of ways for court-related officials to develop knowledge and skills that would improve their response to people with mental illness who are involved in the court system.

Training for court personnel should include the following topics:

• signs and symptoms of mental illness
• stigma associated with mental illness
• prevalence of substance abuse among individuals with mental illness and the effects of substance abuse on mental illness
• gender and cultural differences among people with mental illness and the potential impact on criminal case processing
• the mental health system and available community resources
• privacy rights and regulations relevant to mental illness

Recommendations:

a.

Incorporate into continuing judicial education programs classes about mental illness and the participation of mental health professionals in the criminal process. [1]  

b.

Provide training for defense attorneys and prosecutors regarding defendants with mental illness.

c.

Train pretrial services and probation personnel to recognize symptoms of mental illness and to respond appropriately.

d.

Offer advanced courses on mental health law and participation by mental health professionals in the criminal process for students who desire to concentrate on criminal law practice. [2]  

e.

Develop and conduct programs for which continuing legal education (CLE) credit can be provided that offer advanced instruction on mental health law and participation by mental health professionals in the criminal process. [3]