Disposition of insanity acquittees in the United States Military.
R. G. Lande,
Bull. Amer. Acad. Psychiatry & the Law
18(3): 303-9, 1990.
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.