Attention Deficit/Hyperactivity Disorder (ADHD) and Crime

Defense attorneys across the nation have begun to consider the role that Attention Deficit/Hyperactivity Disorder (ADHD) may have played in their clients’ actions. ADHD is a medical condition that causes impulsive, unpredictable and sometimes out-of-control behavior. If you or someone you love suffers from ADHD and has been accused of a crime, a skilled California defense lawyer from The Kavinoky Law Firm can help. Our attorneys are well-versed in the issues surrounding ADHD and how it relates to the criminal justice system.

Experts agree that individuals with ADHD statistically have greater contact with the criminal justice system, but there is some disagreement about how the disorder contributes to criminal behavior. Some studies have suggested that up to 70 percent of juvenile offenders have ADHD, and that more than 40 percent of men in medium-security prisons show the classic symptoms of the disorder, compared to 3 to 5 percent of men on the outside. These numbers suggest that ADHD plays a role that places individuals at higher risk for exhibiting antisocial and/or criminal behavior.

Furthermore, many of these individuals that are in correctional facilities were the victims of neglect of their disorder. They were either not diagnosed with ADHD, never received treatment, or treatment had been discontinued after puberty.

The symptoms of ADHD put children with the disorder at higher risk for school failure, often leading to dropping out of school, involvement with drugs, gangs, and alcohol, and for inappropriate behavior that may lead to school disciplinary actions or juvenile court prosecution.

Often, the issue of intent is a major factor in criminal cases. The defendant’s state of mind is integral to intent. Individuals who suffer from ADHD often act impulsively and exhibit poor self-control. Therefore, serious behavioral lapses due to ADHD can occur and prompt the individual to do something illegal without having intended to do so.

As it stands today, ADHD does not excuse criminal conduct or render a person incompetent to stand trial. The courts have found that individuals with more serious psychiatric disorders may still be held responsible for their conduct, and found guilty. However, defense attorneys increasingly may rely on claims of ADHD to reduce the severity of an offense and the subsequent court penalty.

A crime requiring proof of intent, for instance, might be reduced to one involving merely reckless behavior or negligence if ADHD can be demonstrated as a mitigating factor. In such situations, criminal defense lawyers may attempt to document how the disorder impacted the accused in the particular circumstances surrounding the offense. However, research has not provided much in the way of hard data on the relationship between ADHD and criminality.

ADHD can be a contributing factor in many California criminal offenses, and may serve as a mitigating factor in court. To learn more about ADHD and criminal offenses, contact a skilled California defense lawyer from The Kavinoky Law Firm today for a free consultation.

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