Category: Mental Illness
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Why Mental Health Records Matter in Court Ordered Services
When the court orders a psychiatric evaluation under Iowa Code 812.3, one of the first steps in the process is gathering relevant records. These court-ordered evaluations are commonly referred to as competency evaluations and help the court determine whether an individual is able to understand the legal process and meaningfully participate in their defense. Mental…
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Getting Started with Court-Ordered Services
When court-ordered mental health services are first being arranged, people often have questions about what information is needed and how the process gets started. Courts, attorneys, treatment providers, families, and correctional facilities may all play a role, and figuring out what to gather or who to contact can sometimes feel overwhelming. When information is available…
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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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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…