Category: Mental Illness

  • 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…

  • Competency Evaluation Opinions

    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…

  • Difficult Questions

    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…