Category: Mental Illness
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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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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 in substance abuse, such as adverse childhood experiences, socioeconomic disadvantage, and other genetic and environmental…
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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 individuals experiencing mental health challenges do not engage in criminal behavior, are not violent, and…
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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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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…