Sanity and Criminal Procedure
Insanity Defense.
Section 701.4 (2009) of the Iowa Code provides:
A person shall not be convicted of a crime if at the time the crime is committed the person suffers from such a diseased or deranged condition of the mind as to render the person incapable of knowing the nature and quality of the act the person is committing or incapable of distinguishing between right and wrong in relation to the act (the McNaghten Test). The person must be mentally ill to an extreme. If a person cannot form intent to commit a crime requiring intent, then the person cannot be found guilty of a crime.
Insanity need not exist for any specific length of time before or after the commission of the alleged criminal act. If the defense of insanity is raised, the defendant must prove by a preponderance of the evidence that the defendant at the time of the crime suffered from such a deranged condition of the mind as to render the defendant incapable of knowing the nature and quality of the act the defendant was committing or was incapable of distinguishing between right and wrong in relation to the act.
Mental Incompetency of Accused During Criminal Proceeding.
If at any stage of a criminal proceeding the defendant or the defendant's attorney, upon application to the court, alleges specific facts showing that the defendant is suffering from a mental disorder which prevents the defendant from appreciating the charge, understanding the proceedings, or assisting effectively in the defense, the court shall suspend further proceedings and determine if probable cause exists to sustain the allegations. The applicant has the burden of establishing probable cause. The court may on its own motion schedule a hearing to determine probable cause if the defendant or defendant's attorney has failed or refused to make an application under this section and the court finds that there are specific facts showing that a hearing should be held on that question. The defendant shall not be compelled to testify at the hearing and any testimony of the defendant given during the hearing shall not be admissible on the issue of guilt, except such testimony shall be admissible in proceedings under section 811.2, subsection 8,and section 811.8, and in perjury proceedings. Iowa Code section 812.3 (2009).
Proceedings upon a guilty plea constitute “any stage of the trial of a criminal prosecution” within this section. Hickey v. District Court of Kossuth County, 174 N.W.2d 406 (Iowa)…the legislature has not entrusted judges or physicians with the ultimate determination of whether a defendant is competent to stand trial, but has rather left that decision to juries. Hickey v. District Court of Kossuth County,supra. The judge’s function is a preliminary one: to ascertain whether a reasonable doubt has arisen as to sanity. If so, the judge must order a jury trial on that issue. 21 Am.Jur.2d Criminal Law § 68 at 150; 23 C.J.S. Criminal Law § 940 at 730. The judge must act on his own motion in instances where a reasonable doubt arises as to the defendant’s sanity. State v. Stoddard, 180 N.W.2d 448 (Iowa). State v. Evans, 259 N.W.2d 789, 792 (Iowa 1977).
It is the juror's duty to determine if the accused is insane. This can be a difficult task. Juries tend to be wary of acquitting someone when a crime has been admitted and the defendant has admitted the act. It is up to the defense to prove insanity. The insanity defense is seldom utilized and is often considered the defense of last resort because it rarely wins over jurors (being successful in only about 1/4 of the cases in which it is tried). This is because insanity is more than just having a mental illness or mental problems. Iowa basically has the Protestant work ethic in which Iowans are hardworking, thoughtful and educated, and tend to be more emotionally closed off than people in most other states. Iowans also are not tolerant of drug usage which can often lead to insanity. This ethic affects jury decisions such as medical malpractice which is difficult to win in Iowa, and the insanity defense. Iowans do not like the insanity defense and thus insanity can be a difficult legal proof. Prosecutors concentrate on the accused's normal activities to show that he/she is a normally functioning person. The defense concentrates on the mental illness aspects. But mentally ill is not sufficient to show insanity, as an estimated 26.5% of Iowa's prison population have a diagnosis that qualifies the inmate as seriously mentally ill, and 40% of Iowa's inmate prison population have on-going mental health concerns that require treatment and medication. Reid Forgrave, Des Moines Register, February 21, 2010, (quoting Dr. Bruce Sieleni, director of mental health services for the Iowa Department of Corrections).
Delay due to Incompetency.
A defendant has the Sixth Amendment right to a speedy and public trial, applicable to the state procedure through the due process clause of the Fourteenth Amendment. State v. Bowers, 162 N.W.2d 484,487 (Iowa). However, a defendant may be disentitled to the speedy trial safeguard in the case of a delay for which he has, or shares, responsibility. It has been held… that an accused cannot sustain a speedy trial claim when delay results from…his incompetence to stand trial. United States v. Davis, 365 F.2d 251, 255 (C.A.6th Cir. 1966). Doerflein v. Benne, 145 N.W.2d 15, 20-21 (Iowa). In addition to United States v. Davis, supra, which holds an accused cannot complain of his denial of a speedy trial while in a mental institution for evaluation or under commitment because of being mentally incompetent see Johnson v. United States, 10 Cir., 333 F.2d 371; Nickens v. United States, 116 U.S.App.D.C. 338, 323 F.2d 808; Howard v. United States, 5 Cir., 261 F.2d 729; Barfield v. Settle, W.D.Mo., 209 F.Supp. 143.
Iowa Code 226.27 (2009). Patient accused of crime. When a patient of any state hospital who was committed to such hospital at a time when he was formally accused of crime in any county of the state, regains his reason, the superintendent shall thereupon issue his warrant for the return of such person to the jail of the county in which such charge is pending and notify the sheriff of such county accordingly who shall proceed to such hospital and execute such warrant.
Not Guilty by Reason of Insanity.
If the defendant is found not guilty by reason of insanity, the defendant would be involuntarily admitted to the Department of Corrections' psychiatric hospital for treatment and stabilization. The defendant would not be considered as a prisoner but as a patient.
Discharge of mentally ill criminals.
A hearing must be held within 14 days upon notification that the defendant has acquired the ability to appreciate the charge, understand the proceedings, and effectively assist in the defendant’s defense. Iowa Code 812.8 (2009). The length of commitment shall not be beyond the expiration of the maximum term of confinement for the criminal offense or 18 months from the date of original adjudication of incompetence to stand trial, or the time when the court finds by a preponderance of the evidence that there is no substantial probability that the defendant will be restored to competency in a reasonable amount of time under section 812.8, subsection 8, whichever occurs first. When the defendant’s placement in an inpatient facility equals the length of the maximum term of confinement, the complaint for the criminal offense of which the defendant is accused shall be dismissed with prejudice. Iowa Code section 812.9 (2009).
Waiver of Confidentiality.
Generally mental health and medical records are confidential and protected under several laws including HIPA. However, if you claim as a defense, a mental or emotional condition, you waive your right to confidentiality, and your records can be provided without your consent to the County Attorney and the Court. Iowa Code section 228.6(4) and Iowa Code section 622.10.
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