Competency/ Insanity


If in the course of the investigation it appears that the person was insane when the offense was committed and still is insane, or was a person with an intellectual disability to such an extent as not to be responsible for his or her act or omission at the time when the act or omission charged was made, he shall not be discharged, but the conservator of the peace shall remand the prisoner to custody and immediately report the case to the chancellor or clerk of the chancery court, whose duty it shall be to proceed with the case according to the law provided for persons with mental illness or persons with an intellectual disability. Miss. Code Ann. § 99-13-3.  


If a person is found not guilty due to an intellectual disability, the jury must make a determination as to whether the defendant is a danger to society – if so, the person will be remanded to custody until proper arrangements are made via chancery court. Miss. Code Ann. § 99-13-9.

Special Rules




Death Penalty