Mental health conditions can impact many aspects of one’s life, including the actions that he or she takes. The military acknowledges this fact through its Uniform Code of Military Justice (UCMJ). The UCMJ acknowledges that mental health conditions can have an impact on criminal liability. The UCMJ covers a variety of mental health-related issues throughout its entirety. Here are some provisions through which the UCMJ addresses mental health and criminal liability of its military members.
Article 50a – Defense Mental Condition Evaluation
Under UCMJ’s Article 50a, the defense is allowed to request a mental health evaluation in order to determine the mental health of the accused military member at the time of the alleged actions. This evaluation addresses the individual’s mental capacity and whether they were able to understand right from wrong at the time of their alleged offense.
Article 51 – Insanity Defense
Article 51 of the UCMJ allows the defense of a lack of mental responsibility due to a severe mental disease or defect at the time of the offense. Under this provision, the defendant is not held criminally liable if they did not have substantial capacity to understand the nature or wrongfulness of their actions at the time of the alleged offense.
Article 54 – Competency to Stand Trial
Not only does the UCMJ account for an insanity defense, but it also addresses one’s competency to stand trial under Article 54. Under this provision, it states the proper procedure for determining whether the defendant has the mental capacity to be able to understand the charges against them and to assist in their own defense. Should the defendant be found incompetent the proceedings may be suspended so that the individual can receive the proper mental health treatment.
Article 70 – Review of Records of Mental Health Treatment
The UCMJ’s Article 70 permits the review of mental health records of an accused individual in order to evaluate whether he or she has any mental health conditions, whether they are relevant to the offense, and whether there are any mitigating factors pertaining to sentencing.
While the UCMJ does a good job of addressing many issues that could surround mental health conditions and criminal liability, each case is unique and viewed according to the relevant facts and circumstances. The provisions are up for interpretation by the military courts. This is why it can be greatly beneficial to work with a military defense attorney who understands how mental health-related defenses work and can help to walk you through the entirety of the process.
The Court-Martial Law Division of Aviso Law LLC Helps Military Members in Colorado Who Have Been Charged with a Crime
Mental health conditions can be extremely relevant in defending yourself from alleged criminal conduct. An attorney can assist and determine what steps to take next.
At the Court-Martial Law Division of Aviso Law LLC, we can help. We proudly serve our military members, who sacrifice so much for our country. To learn more or to schedule a free consultation, contact us today!
