[§124B-76] Lack of physical or mental responsibility; defense; commitment of accused for examination and treatment.

305 words·~1 min read·/hi/124b-76

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe physical or mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect shall not otherwise constitute a defense.

(b)The accused shall have the burden of proving the defense of lack of physical or mental responsibility by clear and convincing evidence.

(c)Whenever lack of physical or mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall follow the forms and procedures of chapter 704.

(d)Notwithstanding the provisions of section 124B-78 and subsection (c), the accused shall be found not guilty by reason of lack of physical or mental responsibility if:

(1)A majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of physical or mental responsibility has been established by clear and convincing evidence; or

(2)In the case of a court-martial composed of a military judge only, the military judge determines that the defense of lack of physical or mental responsibility has been established by clear and convincing evidence.

(e)Whenever there is reason to doubt the accused's fitness to proceed, the court may immediately suspend all further proceedings in the trial and conduct an examination in accordance with section 704-404.

(f)Any general or special court-martial where a person may be found guilty by reason of lack of physical or mental responsibility shall follow the same substance and procedures found in sections 704-410.5 through 704-417. [L 2022, c 286, pt of §2]