Tag: competency opinion
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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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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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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…