What if a person with mental illness is accused of a crime?

If a person with mental illness is accused of a crime in Kansas, they may not be held responsible for their actions if they can prove that their mental illness affected their ability to form intent. Mental illness can be used as an affirmative defense in Kansas criminal proceedings, meaning that a defendant can argue that their mental illness caused their criminal behavior. The Kansas Supreme Court has specified that a mental illness defense must be supported by “clear and convincing evidence.” This means that the defendant must produce evidence that suggests that mental illness was the major factor in the crime. To prove this, they may need to present an expert witness to testify about the effects of their mental illness. The court may also order the defendant to undergo a mental health evaluation. Depending on the findings, the court may find the defendant guilty but mentally ill. This finding means that the defendant is still accountable for their actions, but may be subject to a different sentence than someone without a mental illness. Finally, a court may order the defendant to enter a mental health treatment program. This generally involves the defendant receiving counseling and possibly being prescribed medications. The court may also order the defendant to have consistent contact with a mental health provider. Depending on how well the defendant does with treatment, they may be released early from the program.

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