Summary of changes
Article 50a — Defense of lack of mental responsibility
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
13 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
50a(a)
unchanged
Original text
It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.
Current text
It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.
50a(b)
unchanged
Original text
The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.
Current text
The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.
50a(c)
unchanged
Original text
Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused—
Current text
Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused—
50a(c)(1)
unchanged
Original text
guilty;
Current text
guilty;
50a(c)(2)
unchanged
Original text
not guilty; or
Current text
not guilty; or
50a(c)(3)
unchanged
Original text
not guilty only by reason of lack of mental responsibility.
Current text
not guilty only by reason of lack of mental responsibility.
50a(d)
unchanged
Original text
Subsection (c) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall find the accused—
Current text
Subsection (c) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall find the accused—
50a(d)(1)
unchanged
Original text
guilty;
Current text
guilty;
50a(d)(2)
unchanged
Original text
not guilty; or
Current text
not guilty; or
50a(d)(3)
unchanged
Original text
not guilty only by reason of lack of mental responsibility.
Current text
not guilty only by reason of lack of mental responsibility.
50a(e)
unchanged
Original text
Notwithstanding the provisions of section 852 of this title (article 52), the accused shall be found not guilty only by reason of lack of mental responsibility if—
Current text
Notwithstanding the provisions of section 852 of this title (article 52), the accused shall be found not guilty only by reason of lack of mental responsibility if—
50a(e)(1)
unchanged
Original text
a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or
Current text
a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or
50a(e)(2)
unchanged
Original text
in the case of a court-martial composed of a military judge only, the military judge determines that the defense of lack of mental responsibility has been established.
Current text
in the case of a court-martial composed of a military judge only, the military judge determines that the defense of lack of mental responsibility has been established.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.