Section 16.44 Report of Court-Ordered Mental Examination of Accused Who Pleaded Not Guilty by Reason of Mental Disease or Defect

• Library: Evidence 2017

D. (§16.44) Report of Court-Ordered Mental Examination of Accused Who Pleaded Not Guilty by Reason of Mental Disease or Defect

A person may plead as an affirmative defense to a criminal charge that “as a result of mental disease or defect such person was incapable of knowing and appreciating the nature, quality, or wrongfulness of such person’s conduct” at the time of the crime. Section 552.030.1, RSMo 2016. Compare MAI-CR 4^th 406.02, Mental Disease or Defect Excluding Responsibility, with MAI-CR 4^th 408.03, Mental Disease or Defect Negating Culpable Mental State. If such a plea is entered, the court is required to order a mental examination of the accused. Section 552.030.3. If the court previously entered an order under § 552.020, RSMo 2016, to determine whether the defendant was competent to stand trial, that report—if it made findings as to whether the accused at the time of the offense knew or appreciated the nature, quality, or wrongfulness of...