Section 16.5 Civil Versus Criminal Jurisdiction

LibraryEstate Administration 2014 Supp

E. (§16.5) Civil Versus Criminal Jurisdiction

Often, an individual, while exhibiting various symptoms of a mental illness, will commit a crime for which the individual is charged. As a general rule, the criminal court will have exclusive jurisdiction over the individual to the exclusion of the probate court. State ex rel. Standefer v. England, 328 S.W.2d 732 (Mo. App. S.D. 1959). If the individual is incompetent to stand trial, the criminal court may commit the person for a period of six months. Section...

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