Solving the Mystery of Insanity Law: Zealous Representation of Mentally Ill Servicemembers
Abstract
Zealous representation of mentally ill servicemembers requires trial defense counsel to be familiar with a complex body of substantive and procedural law. Within this body of law, evidence of the accused's mental illness may be relevant in five specific areas: mental capacity to stand trial, mental responsibility for offenses, the accused's possession of criminal mens rea, the accused's commission of a voluntary act, and mitigation and extenuation of offenses. Although relevance of the accused's mental illness has deep roots in the common law, the law within the military justice system is unsettled and in need of revision and clarification. Specifically, this paper argues that those provisions of Rule for Courts-Martial (RCM) 909 that allow for involuntary commitment of the accused prior to referral are contrary to statute and violate the Due Process Clause of the Fifth Amendment. Consequently, RCM 909 must be amended to prevent involuntary commitment of a servicemember prior to referral of charges. In addition, RCM 909 should be amended to restore the convening authority's discretion to dispose of charges as he or she sees fit, removing the rule's provisions that make commitment of a mentally incompetent servicemember mandatory.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 01, 2005
- Accession Number
- ADA573598
Entities
People
- Jeremy A. Ball