Chapter VII · Pretrial Matters
R.C.M. 706. Inquiry into the mental capacity or mental responsibility of the accused
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (19)(a) Initial action. If it appears to any commander who considers the disposition of charges, or to any preliminary hearing officer, trial counsel, defense counsel, military judge, or member that there is reason to believe that the accused lacked mental responsibility for any offense charged or lacks capacity to stand trial, that fact and the basis of the belief or observation shall be transmitted through appropriate channels to the officer authorized to order an inquiry into the mental condition of the accused. The submission may be accompanied by an application for a mental examination under this rule.
(b) Ordering an inquiry.
(1) Before referral. Before referral of charges, an inquiry into the mental capacity or mental responsibility of the accused may be ordered by any applicable convening authority, or by a military judge or magistrate in a proceeding conducted in accordance with R.C.M. 309.
(2) After referral. After referral of charges, an inquiry into the mental capacity or mental responsibility of the accused may be ordered by the military judge. The convening authority may order such an inquiry after referral of charges but before beginning of the first session of the court-martial (including any Article 39(a) session) when the military judge is not reasonably available. The military judge may order a mental examination of the accused regardless of any earlier determination by any authority.
(c) Inquiry.
(1) By whom conducted. When a mental examination is ordered under subsection (b) of this rule, the matter shall be referred to a board consisting of one or more persons. Each member of the board shall be either a physician or a clinical psychologist. Normally, at least one member of the board shall be either a psychiatrist or a clinical psychologist. The board shall report as to the mental capacity or mental responsibility or both of the accused.
(2) Matters in inquiry. When a mental examination is ordered under this rule, the order shall contain the reasons for doubting the mental capacity or mental responsibility, or both, of the accused, or other reasons for requesting the examination. In addition to other requirements, the order shall require the board to make separate and distinct findings as to each of the following questions:
(A) At the time of the alleged criminal conduct, did the accused have a severe mental disease or defect? (The term “severe mental disease or defect” does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct, or minor disorders such as nonpsychotic behavior disorders and personality defects.)
(B) What is the clinical psychiatric diagnosis?
(C) 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?
(D) 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? Other appropriate questions may also be included.
(3) Directions to board. In addition to the requirements specified in paragraph (c)(2) of this rule, the order to the board shall specify:
(A) That upon completion of the board’s investigation, a statement consisting only of the board’s ultimate conclusions as to all questions specified in the order shall be submitted to the officer ordering the examination, the accused’s commanding officer, the preliminary hearing officer, if any, appointed pursuant to Article 32, and to all government and defense counsel in the case, the convening authority, and, after referral, to the military judge.
(B) That the full report of the board may be released by the board or other medical personnel only to other medical personnel for medical purposes, unless otherwise authorized by the convening authority or, after referral of charges, by the military judge, except that a copy of the full report shall be furnished to the defense and, upon request, to the commanding officer of the accused; and
(C) That neither the contents of the full report nor any matter considered by the board during its investigation shall be released by the board or other medical personnel to any person not authorized to receive the full report, except pursuant to an order by the military judge.
Discussion
Based on the report, further action in the case may be suspended; the charges may be dismissed by the convening authority or special trial counsel; administrative action may be taken to discharge the accused from the service; or, subject to Mil. R. Evid. 302, the charges may be tried by court-martial.”
(4) Additional examinations. Additional examinations may be directed under this rule at any stage of the proceedings as circumstances may require.
(5) Disclosure to trial counsel. No person, other than defense counsel, the accused, or, after referral of charges, the military judge may disclose to trial counsel any statement made by the accused to the board or any evidence derived from such statement.
Discussion
See Mil. R. Evid. 302.
Cross-referencesCited by 19Cites 6
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 706. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 306(c) — Initial disposition of offenses over which special trial counsel does not exercise authority
…mental capacity to stand trial or may not have been mentally responsible at the times of the offenses, see R.C.M. 706, 909, 916(k).
A military judge may, under the provisions of R.C.M. 706(b)(1), order an inquiry into the mental capacity or mental responsibility of an accused before referral of…
Discussion under R.C.M. 401(b) — Forwarding and disposition of charges in general
…mental capacity to stand trial or may not have been mentally responsible at the times of the offenses, see R.C.M. 706, 909, and 916(k). As to the rules concerning speedy trial, see R.C.M. 707. See also Articles 10, 30, and 131f. Before…
Discussion under R.C.M. 701(a)(2)(B)(iii) — Discovery
…rules concerning certain mental examinations of the accused or third party patients, see R.C.M. 701(f), R.C.M. 706, Mil. R. Evid. 302 and Mil. R. Evid. 513.
Discussion under R.C.M. 701(b)(2) — Discovery
See R.C.M. 916(k) concerning the defense of lack of mental responsibility. See R.C.M. 706 concerning inquiries into the mental responsibility of the accused. See Mil. R. Evid. 302 concerning…
R.C.M. 701(b)(4) — Discovery
…such request by the Government, the defense, on request of the trial counsel, shall (except as provided in R.C.M. 706, Mil. R. Evid. 302, and Mil. R. Evid. 513) permit the trial counsel to inspect the results or reports, or…
Discussion under R.C.M. 906(b)(14) — Motions for appropriate relief
See R.C.M. 706, 909, and 916(k) regarding procedures and standards concerning the mental capacity or responsibility of the accused.
R.C.M. 909(c)(1) — Capacity of the accused to stand trial by court-martial
…over which special trial counsel has not exercised authority or has deferred, if an inquiry pursuant to R.C.M. 706 conducted before referral concludes that an accused is suffering from a mental disease or defect that…
R.C.M. 909(c)(2) — Capacity of the accused to stand trial by court-martial
…over which special trial counsel has exercised authority and has not deferred, if an inquiry pursuant to R.C.M. 706 conducted before referral concludes that an accused is suffering from a mental disease or defect that…
R.C.M. 909(d) — Capacity of the accused to stand trial by court-martial
…mental capacity of the accused, either sua sponte or upon request of either party. If an inquiry pursuant to R.C.M. 706 conducted before or after referral concludes that an accused is suffering from a mental disease or defect…
Discussion under R.C.M. 916(k)(1) — Defenses
See R.C.M. 706 concerning sanity inquiries; R.C.M. 909 concerning the capacity of the accused to stand trial; and R.C.M.…
R.C.M. 916(k)(3)(B) — Defenses
…responsibility of the accused, the military judge shall rule finally whether to direct an inquiry under R.C.M. 706.
R.C.M. 1102(c)(1) — Execution and effective date of sentences
…shall be detailed. The convening authority shall direct an examination of the accused in accordance with R.C.M. 706, but the examination may be limited to determining whether the accused understands the punishment to be…
R.C.M. 1203(e)(6) — Review by a Court of Criminal Appeals
…of the accused, the Court of Criminal Appeals may direct an examination of the accused in accordance with R.C.M. 706, but the examination may be limited to determining the accused’s present capacity to understand and…
R.C.M. 1306(b)(5)(A) — Post-trial procedure, summary court-martial
direct an examination of the accused in accordance with R.C.M. 706 to determine the accused’s present capacity to understand and cooperate in the post-trial proceedings; or
Military Rules of Evidence
Mil. R. Evid. 302(a) — Privilege concerning mental examination of an accused
…accused has a privilege to prevent any statement made by the accused at a mental examination ordered under R.C.M. 706 and any derivative evidence obtained through use of such a statement from being received into evidence…
Mil. R. Evid. 302(c) — Privilege concerning mental examination of an accused
Release of Evidence from an R.C.M. 706 Examination. If the defense offers expert testimony concerning the mental condition of the accused, the…
Mil. R. Evid. 302(d) — Privilege concerning mental examination of an accused
…The military judge may prohibit an accused who refuses to cooperate in a mental examination authorized under R.C.M. 706 from presenting any expert medical testimony as to any issue that would have been the subject of the mental…
Mil. R. Evid. 513(d)(7) — Psychotherapist—patient privilege
…concerning his mental condition in defense, extenuation, or mitigation, under circumstances not covered by R.C.M. 706 or Mil. R. Evid. 302. In such situations, the military judge may, upon motion, order disclosure of any…
R.C.M. 706 cites
Provisions named in the text of R.C.M. 706. Where the cited provision is on this site, the link opens it.