Abstract
Recent amendments to the United States Code of Military Justice have essentially adopted the federal mental nonresponsibility rule or insanity defense. The prior standard, as outlined in the American Law Institute's Model Penal Code, has been abandoned. Notably absent is a system to address the disposition of the military insanity acquittee. This raises concerns regarding recidivism and the military's role in mitigating potential dangerousness. Relevant civilian and military law is reviewed, two cases described, and possible remedies proposed.
Footnotes
-
From the Department of Psychiatry, Walter Reed Army Medical Center, Washington, DC. The views expressed in this paper are those of the author and do not necessarily represent those of the U.S. Army. Requests for reprints should be addressed to Maj. Raymond G. Lande, MC, USA, Department of Psychiatry, Walter Reed Army Medical Center, Washington, DC 20307-5001.
- Copyright © 1990, The American Academy of Psychiatry and the Law
