When a person is accused of a serious criminal offense, such as murder, they almost certainly will face prosecution within the criminal courts, regardless of the involvement of a mental disorder. However, this accused person’s path through the criminal court system will likely become more complex if they have an active mental disorder, or if they did at the time of the offense.

The forward movement and eventual outcome of the person’s criminal case will depend on the degree and timing of their mental impairment. For example, if the accused person was very impacted by a mental disorder (perhaps hearing voices telling them to hurt the victim) at the time the murder occurred, then that may provide the accused with a defense to the crime. Or, if the person is seriously impaired by these persistent voices at the start of court proceedings, they may be unable to properly participate in their own courtroom defense, resulting in delay of the case.

On the other hand, if the person simply has a diagnosis of a mental disorder, even a serious one, but the impacts are not significant enough or do not coincide with critical times in the criminal process, the existence of that mental disorder may not change the outcome of the case at all. Indeed, most people with mental disorders do not commit crimes, and most people who commit crimes do not do so because of mental disorders. In this chapter, you will learn how and why a person’s mental disorder may impact the operation of the criminal courts and the experience of that person within the court system.