September 14, 2024 Last Updated: November 5, 2025 by Anthony Riccio
Mental illness can be a determining factor in the criminal justice system, affecting individuals from their first encounters with law enforcement to sentencing and beyond. In Massachusetts, the intersection of mental health and criminal law is complex, as courts strive to balance public safety with the unique circumstances of defendants who struggle with psychiatric conditions.
Understanding how mental health issues can influence sentencing is crucial if you or a loved one is involved in the justice system. This article outlines what to know, from the role of competency to trial through alternative sentencing and defenses. Working with an experienced Quincy criminal defense attorney can also make the difference between incarceration and treatment-focused outcomes.
Mental illness is widespread within the system. According to the Treatment Advocacy Center, individuals with severe psychiatric disorders are disproportionately represented in jails and prisons nationwide, including in Massachusetts.
These individuals often face barriers to care, which can worsen their conditions and entangle them further in the legal process. Recognizing and addressing these issues early is vital, as they can significantly affect case outcomes.
Massachusetts courts are increasingly aware of mental health factors in sentencing, but consideration is not automatic. It often depends on the defense presenting compelling evidence of the defendant’s condition.
Competency refers to whether the defendant understands the charges and can participate in their defense. If deemed incompetent, the trial may be delayed until treatment restores competency, altering both the timeline and case trajectory.
When sentencing, mental illness may be considered a mitigating factor, potentially leading to reduced penalties or treatment alternatives. If a disorder played a major role in the offense, courts may impose lighter sentences or recommend treatment over incarceration.

Massachusetts provides alternatives such as:
These focus on rehabilitation and reducing recidivism rather than punishment.
While Massachusetts offers alternatives like diversion and mental health courts, several systemic barriers make it difficult to handle these cases effectively. Below are the most common challenges courts, attorneys, and defendants face.
Massachusetts, like many states, struggles with a shortage of qualified mental health professionals and treatment facilities. Defendants may wait weeks or months for evaluations or placements, which can delay trials or sentencing.
Limited access to therapy, inpatient beds, and community programs often means defendants do not receive treatment until they are already incarcerated making it harder for courts to consider meaningful alternatives.
Mental illness still carries a stigma that can influence every stage of the justice process. Law enforcement may interpret symptoms as defiance, prosecutors may push for harsher penalties, and judges may misunderstand the condition’s impact on behavior. This bias can lead to reluctance in offering treatment-based alternatives.
Education and awareness are key in ensuring defendants are seen as individuals with medical needs rather than solely as offenders.
Courts must strike a difficult balance: protecting the community while recognizing that many defendants with mental illness need care more than punishment. In some cases, untreated individuals may pose risks to themselves or others.
However, incarceration often worsens psychiatric conditions, creating a cycle of re-offense. Effective sentencing requires considering both safety and long-term rehabilitation, often through specialized courts or supervised treatment programs.
Without these elements, courts risk perpetuating cycles of illness and incarceration rather than breaking them.

Several defenses may impact sentencing outcomes.
In Massachusetts, defendants may be found not guilty by reason of insanity if they prove they suffered from a severe disorder at the time of the offense and couldn’t understand their actions or distinguish right from wrong. Successful use typically results in commitment to a secure mental health facility instead of prison.
Here, the argument is that the illness impaired the ability to form intent necessary for the crime. While it doesn’t absolve guilt, it may reduce charges or sentencing.
Courts often order psychological evaluations to assess how the defendant’s condition influenced their behavior. These reports play a critical role in sentencing and determining eligibility for alternatives.
Given the complexities of mental illness in criminal cases, experienced representation is essential. A skilled attorney can:
Without strong advocacy, defendants risk being punished instead of treated.
Mental illness has a significant impact on criminal sentencing in Massachusetts, shaping everything from competency determinations to final penalties. While courts recognize psychiatric conditions as mitigating factors and offer alternative options, challenges like limited resources and stigma persist.
For defendants and families, working with a knowledgeable attorney is critical. Attorney Anthony Riccio understands how mental health intersects with criminal law and will fight for fair outcomes that prioritize treatment when appropriate.
Contact Riccio Law today for a confidential consultation and let us help you navigate these complex cases with care and expertise.