Category: Competency Evaluations
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Understanding Iowa Code 812.3 and Competency Evaluations
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 to as competency evaluations and are an important part of ensuring fairness within the legal…
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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 link between TBI and crime is localized in the frontal and temporal lobes, the brain’s…
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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 812.3 provides the framework for addressing those concerns through a competency evaluation. On paper, the…
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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 reasoning, communication deficits, and struggles with judgment can substantially impact their right to due process. …
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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 behavior are wide-ranging and deserve an entire series, but in this post we’re going to…
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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 the judge might make, as well as their potential consequences. It’s worth noting that these…
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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 competency, although the ultimate decision is in the hands of the judge. One opinion is…
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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 risks losing the small amount of hard-earned trust you’ve managed to gain. Fortunately, this risk…
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No Need to Wait
Judges, defense attorneys, and prosecutors all have a responsibility to raise the question of competency if it appears warranted, but defense attorneys face the greatest challenges in this regard. Defense attorneys are not mental health professionals, yet they are expected to recognize signs of serious mental illness. Moreover, when the defense attorney is uncertain about…