Tag: competency to stand trial
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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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In-Custody vs. Out-of-Custody Evaluations
In Iowa, competency evaluations are most often completed as court-ordered psychiatric evaluations under Iowa Code 812.3 when there are pending criminal charges and the court has questions about an individual’s ability to proceed. Through 1st Choice, these evaluations may be completed while an individual is in jail custody or while they remain in the community.…
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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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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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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…