Kentucky Statutes 504.130 – Grounds for finding defendant guilty but mentally ill
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(1) The defendant may be found guilty but mentally ill if:
(a) The prosecution proves beyond a reasonable doubt that the defendant is guilty of an offense; and
(b) The defendant proves by a preponderance of the evidence that he was mentally ill at the time of the offense.
(2) If the defendant waives his right to trial, the court may accept a plea of guilty but mentally ill if it finds that the defendant was mentally ill at the time of the offense.
Effective: July 15, 1982
History: Created 1982 Ky. Acts ch. 113, sec. 8, effective July 15, 1982.
(a) The prosecution proves beyond a reasonable doubt that the defendant is guilty of an offense; and
Terms Used In Kentucky Statutes 504.130
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) The defendant proves by a preponderance of the evidence that he was mentally ill at the time of the offense.
(2) If the defendant waives his right to trial, the court may accept a plea of guilty but mentally ill if it finds that the defendant was mentally ill at the time of the offense.
Effective: July 15, 1982
History: Created 1982 Ky. Acts ch. 113, sec. 8, effective July 15, 1982.