Disposition of insanity acquittees in the United States Military

Bull Am Acad Psychiatry Law. 1990;18(3):303-9.

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.

Publication types

  • Case Reports

MeSH terms

  • Adult
  • Commitment of Mentally Ill / legislation & jurisprudence*
  • Expert Testimony / legislation & jurisprudence*
  • Firesetting Behavior / psychology
  • Homicide / legislation & jurisprudence
  • Humans
  • Insanity Defense*
  • Male
  • Mental Disorders / diagnosis*
  • Military Personnel / legislation & jurisprudence*