IowaIowa


 

 


Competency/ Insanity

Competency

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 must 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. Iowa Code § 812.3.

Competency hearing, evaluation, restoration, procedure for determination.  Iowa Code § 812 (entire section).  

Insanity

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Special Rules

The court may allow a witness with I/DD to videotape testimony. Iowa Code § 915.38.

Sentencing

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Death Penalty

Iowa does not have the death penalty.

Post-Conviction

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