Section 23.6 Mental Disease or Defect

• Library: Criminal Practice 2012 Supp

2. (§23.6) Mental Disease or Defect

An accused is presumed to be free from mental disease or defect excluding responsibility and has the burden to convince the jury by substantial evidence that a mental disease or defect excluding responsibility exists. State v. Henderson, 824 S.W.2d 445, 449 (Mo. App. E.D. 1991). Thus, there is a rebuttable presumption that the accused is sane and was sane at the time of the crime. State v. Roland, 808 S.W.2d 855, 858 (Mo. App. W.D. 1991). To rebut this presumption, the defendant must introduce substantial evidence of lack of responsibility, in which case the matter becomes one for the trier of facts to decide. State v....