In cases in which the defendant provides evidence at trial of his mental illness or insanity at the time of the offense, the jury or court may find the defendant:
(1) Guilty;

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Terms Used In Kentucky Statutes 504.120

  • 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.
  • Insanity: means , as a result of mental condition, lack of substantial capacity either to appreciate the criminality of one's conduct or to conform one's conduct to the requirements of law. See Kentucky Statutes 504.060
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(2) Not guilty;
(3) Not guilty by reason of insanity at the time of the offense; or
(4) Guilty but mentally ill at the time of the offense.
Effective: July 15, 1982
History: Created 1982 Ky. Acts ch. 113, sec. 7, effective July 15, 1982.