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In Iowa, when the court has questions about whether an individual is able to understand the legal process and participate in their defense, a psychiatric evaluation may be ordered under Iowa Code 812.3. These court-ordered psychiatric evaluations are commonly referred…
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Traumatic Brain Injury: The Silent Epidemic
Traumatic brain injury (TBI) is a “silent epidemic” among those involved in the justice system. Systematic reviews show that 25% to 87% of incarcerated individuals have a history of TBI, often involving loss of consciousness and lasting cognitive changes. The…
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Navigating the Competency Evaluation Process in Iowa
When someone is involved in a criminal case, the law requires that they be able to understand what is happening and meaningfully participate in their defense. In Iowa, when concerns arise about a defendant’s ability to do so, Iowa Code…
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Individuals with Intellectual Disability in the Criminal Justice System
Individuals with intellectual disabilities are arrested, charged, and incarcerated at disproportionately high rates. While intellectual disability is not a cause of crime, this population faces systemic barriers that complicate their interaction within the standard legal system. Challenges related to abstract…
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Dual Diagnosis: The Intersection Between Substance Abuse and Mental Health
The relationship between mental health and substance use is complex. While a connection exists, it is important to recognize that the majority of individuals with mental health conditions do not have a substance addiction. Other variables play a more significant role…
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The Intersection of Mental Health and Criminal Behavior
The correlation between mental health and criminal activity is intricate. While a relationship between criminal activity and individuals with untreated mental health conditions has been noted, this association is not causal. It is crucial to recognize that the majority of…
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Faking Mental Illness
Individuals sometimes falsely report symptoms of mental illness during forensic evaluations. They might falsely report relatively minor symptoms, such as anxiety or insomnia, or they might pretend to suffer from a severe illness, such as schizophrenia. The reasons for this…
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After the Competency Hearing
We previously reviewed the main conclusions that a competency evaluation might reach. The competency evaluation offers an opinion and a recommendation, but the ultimate decision is made by the judge at a competency hearing. Let’s explore some of the decisions…
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Competency Evaluation Opinions
The legal process is fraught with uncertainty even without the added complexity of competency. Defendants frequently ask about the possible outcomes of a competency evaluation. The evaluator is limited to one of only a few possible opinions about a defendant’s…
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Difficult Questions
For a defense attorney, requesting a competency evaluation can be stressful. Trust is fundamental to the attorney-client relationship, but there is rarely enough time to build a great deal of rapport, especially for public defenders. Questioning a person’s mental state…