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The military insanity defense.

R G Lande1

  • 1Department of Psychiatry, Walter Reed Army Medical Center, Washington, DC 20307-5001.

The Bulletin of the American Academy of Psychiatry and the Law
|January 1, 1991
PubMed
Summary

This study examines the military insanity defense, finding that insanity acquittals are rare. It surveyed Army psychiatrists on forensic evaluations and opinions regarding criminal responsibility.

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Area of Science:

  • Forensic Psychiatry
  • Military Law
  • Psychology

Background:

  • The insanity defense is a complex legal and psychological construct.
  • Understanding its application within the military justice system is crucial.

Purpose of the Study:

  • To describe the military insanity defense.
  • To explore the success rate of the insanity defense through acquittal data.
  • To assess military psychiatrists' knowledge of the defense.

Main Methods:

  • A 28-month review of insanity acquittals.
  • A questionnaire distributed to U.S. Army psychiatrists.
  • Data collection on forensic evaluations and "not criminally responsible" (NCR) opinions.

Main Results:

  • The study provides data on the frequency of insanity acquittals.
  • It details the number of forensic evaluations and NCR opinions issued.
  • It assesses psychiatrists' awareness of recent legal changes.

Conclusions:

  • The military insanity defense is infrequently litigated successfully.
  • Further research is needed to fully understand its application and challenges.
  • Psychiatrist knowledge of the defense warrants further investigation.

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