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U.S. Code as of:
01/19/04
Section 850a. Art. 50a. Defense of lack of mental responsibility
(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 mental disease or
defect, was unable to appreciate the nature and quality or the
wrongfulness of the acts. Mental disease or defect does not
otherwise constitute a defense.
(b) The accused has the burden of proving the defense of lack of
mental responsibility by clear and convincing evidence.
(c) Whenever lack of mental responsibility of the accused with
respect to an offense is properly at issue, the military judge, or
the president of a court-martial without a military judge, shall
instruct the members of the court as to the defense of lack of
mental responsibility under this section and charge them to find
the accused -
(1) guilty;
(2) not guilty; or
(3) not guilty only by reason of lack of mental responsibility.
(d) Subsection (c) does not apply to a court-martial composed of
a military judge only. In the case of a court-martial composed of a
military judge only, whenever lack of mental responsibility of the
accused with respect to an offense is properly at issue, the
military judge shall find the accused -
(1) guilty;
(2) not guilty; or
(3) not guilty only by reason of lack of mental responsibility.
(e) Notwithstanding the provisions of section 852 of this title
(article 52), the accused shall be found not guilty only by reason
of lack of 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
mental responsibility has been established; 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
mental responsibility has been established.
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