Statutes > Arkansas Statutes > Title 5 - Criminal Offenses > Subtitle 1 - General Provisions > Chapter 2 - Principles of Criminal Liability > Subchapter 3 - Mental Disease or Defect > § 5-2-302 - Lack of fitness to proceed generally.

§ 5-2-302 - Lack of fitness to proceed generally.

5-2-302. Lack of fitness to proceed generally.

(a) No person who lacks the capacity to understand a proceeding against him or her or to assist effectively in his or her own defense as a result of mental disease or defect shall be tried, convicted, or sentenced for the commission of an offense so long as the incapacity endures.

(b) A court shall not enter a judgment of acquittal on the ground of mental disease or defect against a defendant who lacks the capacity to understand a proceeding against him or her or to assist effectively in his or her own defense as a result of mental disease or defect.