What Happens If The Defendant Is Mentally Ill?
The defense of mental disease or defect is recognized in Kansas. In cases where the defense is raised, the final decision as to the defendant’s mental condition at the time of the commission of the crime is made by the judge or jury. If during the court proceedings the judge finds that the defendant is mentally incompetent and unable to assist in his/her own defense or unable to understand the nature and purpose of the criminal proceedings, the defendant is committed to an institution until such time as competency is restored.
