When someone is charged with a crime, a number of things can happen within the criminal justice system. Typically, the defendant is arrested and read his or her rights, which includes the right to an attorney. In Illinois, a person may be eligible for bail depending on the severity of the alleged crime. Certain cases can also result in a trial, with a judge and a jury. You may have heard the phrase “incompetent to stand trial” from watching a movie or crime drama on television. What exactly does it mean to be found “incompetent” and how is this different from an individual being found not guilty by reason of insanity? Can mental illness prevent a defendant from being convicted of a criminal offense in Illinois?
Mental Illness and Criminal Cases
Research shows that in the United States, approximately one in five adults live with a mental illness (51.5 million people in 2019). This type of illness can vary in degree of severity, ranging from mild to moderate to severe. Depression, anxiety, and bipolar disorder are a few of the most common mental illnesses that individuals experience.
In general, a defendant who claims to have a mental illness would undergo psychiatric exams and evaluations by healthcare professionals in order to assess his or her mental health and competency. Simply having a mental illness does not prevent someone from being charged or convicted of a crime. In addition, it is not the same thing as being found not guilty by reason of insanity, which is a plea where the defendant claims that he or she was so mentally incapacitated at the time of the offense that he or she did not intend to commit the crime, and thus is not guilty.
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