Essay On Sanity Board
Issue(s): What is a sanity board, and how does one request it? Is Rule 706 for Courts-Martial (R.C.M.), which can be found in the Manual for Courts-Martial (M.C.M.), the applicable rule for sanity board cases?
Short Answer: A sanity board is considered to be an inquiry into the mental capacity or mental responsibility of an accused individual who is serving in the United States Military. Sanity boards are governed under Rule 706 of the Rules for Courts-Martial, located in the Manual for Courts-Martial. Inquiries can be requested by several different parties including attorney (from either side of), the judge presiding, or the investigating officer. When requesting an inquiring the request is done by writing to the individual authorized to order the inquiry¹.
Statement of Facts: Sergeant Payne has previously been known to display odd behavior that is considered not normal throughout the years. Most people, who know or have met Sergeant Payne often wonder what is wrong with him. …show more content…
Over time many people have observed his bizarre behavior, and even his father is concerned with the negative progression of his behavior. Fred Payne believes that his son’s misconduct in the military is due this negative behavior progression. Fred is apprehensive about his son’s ability to stand trial and believes he should be analyzed by a sanity board.
Discussion: A request to evaluate the mental capacity of a military personnel would be considered a request for a sanity board.
Sanity boards are an evaluation of a board made up of at least one physician or clinical psychologist, along with others. Sanity boards are governed by Rule 706 of the Rules of Court-Martials. According to Rule 706 a sanity board inquiry can be requested either before charges have been officially referred or after the referral of charges². After referral requests for evaluation of the offender may be made any time after the referral of charges but before the first session of the court-martial hearing². A request for a sanity board can be requested by several different people. These people can include: attorneys on either side, the judge presiding over the court-martial, or the investigating officer. When deciding to request an evaluation under Rule 706, the request is done so through written communication to whoever has the authority in authorize it, usually the judge
¹.
Also, under Rule 706, the request for a sanity board must state the reasons why mental capacity or responsibility of the accused is doubted, or the basis in which the party filling the request believes it needs the examination¹, and it must ask the board to answer certain questions. These questions are as follows: At the time of the alleged criminal conduct, did the accused have a severe mental disease or defect?; What is the clinical psychiatric diagnosis?; Was the accused, at the time of the alleged criminal conduct and as a result of such severe mental disease or defect, unable to appreciate the nature and quality or wrongfulness of his or her conduct?; Is the accused presently suffering from a mental disease or defect rendering the accused unable to understand the nature of the proceedings against the accused or to conduct or cooperate intelligently in the defense?² United States v Nix, 1965 and United States v Kish, 1985 cite why non-frivolous requests should be granted.
A sanity board should be granted if the request is not frivolous and is made in good faith. United States v. Nix, 36 C.M.R. 76, 80-81 (C.M.A. 1965); United States v. Kish, 20 M.J. 652 (A.C.M.R. 1985). n United States v. Pattin, 50 M.J. 637, 639 (A. Ct. Crim. App. 1999), the Court found that the military judge’s refusal to order a sanity board was not error as it appeared the motion for a sanity board was merely a frivolous attempt to get a trial delay.
Conclusion: Rule for Courts-Martial (R.C.M.) 706, located in the Manual for Courts-Martial (M.C.M.), is still considered to be a good law. The standard for R.C.M. 706 is U.S. v. Nix³. Under R.C.M 706 a sanity board can be requested for a variety of reasons, by various parties involved, including attorneys from either side, the judge, or the investigating officer.
Short Answer: A sanity board is considered to be an inquiry into the mental capacity or mental responsibility of an accused individual who is serving in the United States Military. Sanity boards are governed under Rule 706 of the Rules for Courts-Martial, located in the Manual for Courts-Martial. Inquiries can be requested by several different parties including attorney (from either side of), the judge presiding, or the investigating officer. When requesting an inquiring the request is done by writing to the individual authorized to order the inquiry¹.
Statement of Facts: Sergeant Payne has previously been known to display odd behavior that is considered not normal throughout the years. Most people, who know or have met Sergeant Payne often wonder what is wrong with him. …show more content…
Over time many people have observed his bizarre behavior, and even his father is concerned with the negative progression of his behavior. Fred Payne believes that his son’s misconduct in the military is due this negative behavior progression. Fred is apprehensive about his son’s ability to stand trial and believes he should be analyzed by a sanity board.
Discussion: A request to evaluate the mental capacity of a military personnel would be considered a request for a sanity board.
Sanity boards are an evaluation of a board made up of at least one physician or clinical psychologist, along with others. Sanity boards are governed by Rule 706 of the Rules of Court-Martials. According to Rule 706 a sanity board inquiry can be requested either before charges have been officially referred or after the referral of charges². After referral requests for evaluation of the offender may be made any time after the referral of charges but before the first session of the court-martial hearing². A request for a sanity board can be requested by several different people. These people can include: attorneys on either side, the judge presiding over the court-martial, or the investigating officer. When deciding to request an evaluation under Rule 706, the request is done so through written communication to whoever has the authority in authorize it, usually the judge
¹.
Also, under Rule 706, the request for a sanity board must state the reasons why mental capacity or responsibility of the accused is doubted, or the basis in which the party filling the request believes it needs the examination¹, and it must ask the board to answer certain questions. These questions are as follows: At the time of the alleged criminal conduct, did the accused have a severe mental disease or defect?; What is the clinical psychiatric diagnosis?; Was the accused, at the time of the alleged criminal conduct and as a result of such severe mental disease or defect, unable to appreciate the nature and quality or wrongfulness of his or her conduct?; Is the accused presently suffering from a mental disease or defect rendering the accused unable to understand the nature of the proceedings against the accused or to conduct or cooperate intelligently in the defense?² United States v Nix, 1965 and United States v Kish, 1985 cite why non-frivolous requests should be granted.
A sanity board should be granted if the request is not frivolous and is made in good faith. United States v. Nix, 36 C.M.R. 76, 80-81 (C.M.A. 1965); United States v. Kish, 20 M.J. 652 (A.C.M.R. 1985). n United States v. Pattin, 50 M.J. 637, 639 (A. Ct. Crim. App. 1999), the Court found that the military judge’s refusal to order a sanity board was not error as it appeared the motion for a sanity board was merely a frivolous attempt to get a trial delay.
Conclusion: Rule for Courts-Martial (R.C.M.) 706, located in the Manual for Courts-Martial (M.C.M.), is still considered to be a good law. The standard for R.C.M. 706 is U.S. v. Nix³. Under R.C.M 706 a sanity board can be requested for a variety of reasons, by various parties involved, including attorneys from either side, the judge, or the investigating officer.