Section 15.3 Criminal Proceedings Involving Mental Illness

• Library: Criminal Practice 2012 Supp

III. (§15.3) Criminal Proceedings Involving Mental Illness

If counsel feels the client is suffering from a mental disease or defect, two issues need to be determined by two different legal tests:

1. The accused’s ability and competence to understand the nature of the proceedings and the mental capacity to assist in the defense

2. The accused’s defense of not being responsible for criminal conduct because of mental disease or defect

Section 552.015, RSMo 2000, provides as follows:

1. Evidence that the...