Most deaths that occur in prison occur within a month after the inmate has been admitted into the prison facility, and suicide is the number one cause of unnatural death among all inmates.  In fact, suicide rates among prison inmates are increasing at a rate that is higher than the risk of suicide outside the prison. 

These facts come via a report called Mortality in Local Jails, 2006, 2007 by the Bureau of Justice.  According to the Report, there were 8,110 inmate deaths reported to the Deaths in Custody Reporting Program, between 2000 and 2007.  Deaths in US prisons actually increased from 905 in 2000, to 1103 in 2007.  Out of these deaths, illness accounted for approximately 53% of all prison deaths.  The number one illness that killed prison inmates was heart disease, which killed 22% of all inmates, followed by AIDS, cancer, liver disease and other illnesses.  Inmates who died of drug and alcohol intoxication accounted for approximately 7% of all inmate deaths.  3% of the inmates died in accidents, while 2% were the victims of homicide.  Another 6% died of unknown causes.

Among unnatural causes of death, suicide was the number one killer in American prisons.  A total of 2,363 prison inmates committed suicide between 2000 and 2007 in US jails, accounting for 29% of all prison deaths.  Next to illness, suicide is the number one cause of death in these prisons.  During the study period, suicide rates were much higher in small prisons than in the larger prisons.  The suicide rate was 169 per 100,000 inmates in prisons with a capacity of 50 inmates or fewer, and in larger prisons, the rate was 27 suicides per 100,000 inmates.  Suicide rates in the small jails were up to six times higher than in the larger prisons. 

Not surprisingly to Los Angeles criminal defense attorneys, males were more likely to die in prison than female inmates, and were also more likely to commit suicide in prison.  However, females were much more likely to die from alcohol intoxication.

The most interesting thing to take home from the study is the fact that suicides and not homicide - which is what the general public might assume - kills more prison inmates.  More prison inmate commit suicide than are killed by their fellow inmates, or suffer fatal heart disease or AIDS.  At the very least, the report points to a need for enhanced medical care and mental health counseling for prisoners in US jails.

So I think it is safe to state that we are all fairly tired of hearing about Lindsay Lohan and her legal troubles; however, an interesting development in her DUI and probation violation case has just arisen: the use of a psychiatric evaluation. Judge Revel has appointed a forensic psychiatrist to evaluate Lohan’s mental state prior to her surrender to county jail.

As a defense attorney, when a client has problems complying with probation conditions, or appears to be dealing with a lot of pressure emotionally and psychologically, I tend to suggest that the client undergo a private psychological or psychiatric evaluation. This is not because the majority of my clients have mental health issues or require any type of inpatient treatment; however, a favorable psychological or psychiatric evaluation may be the difference between probation and prison in some cases. A favorable psychological or psychiatric evaluation humanizes the defendant for the Judge and can provide invaluable information about counseling which might mitigate future legal problems for the defendant.

Specifically, for cases which involve child molestation, rape, statutory rape, or other sex offenses , a confidential psycho-sexual evaluation, often referred to as a 288.1 evaluation, is essential to the resolution of the case, whether the expert needs to testify at trial or whether the expert simply issues a report which might persuade the prosecutor to make a reasonable probation offer. In many sex offense cases, a defendant is ineligible for probation without a favorable 288.1 evaluation.

In conclusion, no matter what we all think and feel about Lindsay Lohan and her endless legal quandaries, it seems that finally something helpful may arise out of her difficult legal situation: she may finally receive the type of counseling she clearly needs based on the findings of a court-appointed doctor.

I often find myself saying to clients, “The wheels of justice grind slowly….if at all….” Sad but true.  As criminal defense attorneys we have to fight tooth and nail for the system to treat our clients like living, breathing human beings.  We also frequently encounter unexpected problems during the duration of a normal felony or misdemeanor case which unfortunately delay the final resolution of the cases for our ever-anxious clients. 

This issue of lagging, or delay, in reaching a conclusion to a criminal case, has arisen recently for me in two different types of grand theft cases.  Although the facts are very different for these theft cases (one identity theft and one grand theft by embezzlement), the ever-present issue of the amount of victim restitution remains the same.   This issue of restitution also rears its ugly head in fraud, embezzlement, forgery and petty theft (shoplifting)  cases.

For whatever reason, failed subpoenas, insufficient written documentation, inability to find/locate alleged victim, the issue of victim restitution in financial crime cases seems to be the proverbial thorn in the court’s side when it comes to the smooth and efficient execution of justice. In financial crimes cases that do not go to trial.   And to this problem, this lagging, all I can say is that as criminal defense attorneys we may have to learn an exercise in patience but always to make sure that we never give up, or agree to an amount that cannot be proven, simply because the case has dragged on for too long based on some amorphous concept of victim restitution.  As dedicated criminal defense lawyers, we will keep fighting the good fight, and forcing the wheels of justice to move slowly but at least they will continue to move…