Mental health problems can often be traced back to an early age. Childhood trauma can affect adults later in life. For this reason, it’s important for a lawyer to investigate his client’s childhood history in criminal proceedings.
A defendant’s childhood history may have a long-lasting impact and be an underlying factor leading to a crime. Explaining the root causes of mental illness to a jury can help jurors understand the defendant’s motives and issues.
According to the Center on the Developing Child at Harvard University, children can demonstrate clear characteristics of anxiety disorders, depression, attention-deficit/hyperactivity disorder, posttraumatic stress disorder, and other conditions like autism, at a very early age.
However, children respond to emotional experiences and traumatic events in a very different way to adults. Trauma such as child abuse can trigger issues like PTSD.
Researchers associated with the Kaiser Permanente and the Centers for Disease Control and Prevention looked at adverse childhood experiences (ACEs). The study found that ACEs are associated with a range of negative outcomes in later life, including mental and physical disorders and aggressive behavior.
The research examined offenders from four different groups who were referred for treatment at an outpatient clinic in San Diego, California after criminal convictions. The groups were nonsexual child abusers, domestic violence offenders, sexual offenders, and stalkers.
The results of the research found the offender group reported nearly four times as many adverse events in childhood compared to a sample of the average adult male population. Eight of 10 childhood events occurred at significantly higher levels among the criminal population. Convicted sexual offenders and child abusers were more likely to have experienced sexual abuse in childhood than other offender types.
Evidence related to a defendant’s character is admissible during sentencing, the U.S. Supreme Court established in the case of Lockett v. Ohio.
Mitigating evidence in a criminal case includes education, life history, and family background. In the U.S. Supreme Court case of Wiggins v. Smith, Wiggins argued the failure of his attorney to investigate and present evidence of his dysfunctional background was detrimental to his case. He presented expert testimony from a forensic social worker relating to the severe physical and sexual abuse he suffered at the hands of his mother and under the care of a series of foster parents. This evidence was not introduced by his lawyers before he was convicted of capital murder by a Maryland judge.
The justices held the performance of Wiggins’ attorneys during sentencing violated his Sixth Amendment right to effective assistance of counsel.
At the Garcia Law Firm, we are dedicated to highlighting every factor that is pertinent to a defendant’s mental state during a criminal proceeding. Please call us if you are facing criminal charges at (602) 340-1999.
