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I Didn’t Expect Psychiatry to Be Part of My Job
When I went into criminal law, I thought my role was to analyze evidence, construct arguments, and protect my clients’ rights.
I didn’t expect to spend so much time reading psychological evaluations, coordinating with clinicians, or explaining to a judge what a schizophrenia diagnosis really means.
But the reality is clear: serious mental illness (SMI) is no longer a side issue in criminal defense-it’s central.
More defendants today are entering the legal system with diagnoses such as schizophrenia, bipolar disorder, or major depressive disorder with psychotic features.
In many cases, they’re undiagnosed or untreated before arrest.
That puts attorneys in a difficult position-advocating for clients whose symptoms can affect memory, judgment, or ability to participate in their defense.
As the American Psychiatric Association noted in its 2023 briefing on mental health and the courts, “The criminal justice system is increasingly being asked to function as the mental health system of last resort.”
That’s not a sustainable or ethical model.
Why Legal Training Isn’t Enough
Most law schools don’t offer meaningful education in psychiatric disorders, competency standards, or trauma-informed advocacy.
Yet we’re often expected to:
- Assess whether our client is competent to stand trial
- Evaluate the viability of a mental health defense
- Make strategic decisions around diversion programs, hospitalization, or plea bargains
- Without outside expertise, these are legal guesses, not an informed strategy.
- That’s where partnerships with mental health providers become essential.
What an SMI Clinic Brings to the Table
Working with a dedicated smi clinic has changed how I approach serious cases.
These clinics-designed specifically for individuals with serious mental illness, offer:
Clinical evaluations that are nuanced, diagnosis-specific, and admissible
Competency assessments aligned with legal standards
Continuity of care after release, which can affect sentencing and probation outcomes
Expert testimony from psychiatrists familiar with forensic settings
This is more than checking a box.
It’s building a defense rooted in reality, not assumptions.
Real Consequences Without Proper Expertise
In my early years, I watched a public defender push forward with a plea deal for a client who clearly couldn’t follow the conversation.
No psychiatric evaluation was ordered.
The case ended in a lengthy sentence-and the client was later found incompetent to stand trial in another county.
That should never happen.
A qualified mental health partner helps ensure:
- Clients aren’t criminalized for symptoms
- Judges receive accurate context
- Treatment is prioritized when appropriate
We’re not therapists.
But we are responsible for the outcomes of our cases.
Amae Health: A Partner for the Legal System
For cases in Los Angeles, I often recommend Amae Health.
As an SMI clinic specializing in complex psychiatric care, they offer a multi-disciplinary model that integrates psychiatry, therapy, peer support, and case management.
More importantly, they understand the legal system.
Their team is familiar with forensic reports, court testimony, and diversion programs-and they know that justice and treatment don’t have to be mutually exclusive.
If you’re a defense attorney handling SMI cases, partnering with a clinic like Amae Health can shift the trajectory for both your client and your case.
Final Thoughts
Criminal law is evolving.
The old approach of “treat everyone the same” falls apart when mental illness is involved.
As defense attorneys, we have to evolve with it.
Mental health is not an excuse.
It’s a reality.
And when we acknowledge with help from clinicians who live in that reality every day-we become stronger advocates.
In today’s courtroom, understanding mental health isn’t optional.
It’s part of doing the job well.
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