Mental responsibility Clause Samples

Mental responsibility. “We do not see how an accused can make an informed plea without knowledge that he suffered a severe mental disease or defect at the time of the offense. Nor is it possible for a military judge to conduct the necessary Care inquiry into an accused’s pleas without exploring the impact of any potential mental health issues on those pleas.” United States ▇. ▇▇▇▇▇▇, 61 ▇.▇. 391, 398 (C.A.A.F. 2005). a) United States ▇. ▇▇▇▇▇, 66 ▇.▇. 64 (C.A.A.F. 2008). The accused pled guilty to wrongful use of ecstasy and an unauthorized absence. presentencing, the accused made a sworn statement to members. He claimed he “always had the bipolar disorder” and “always fought depression . . . [and] extreme mood swings.” He said that before his unauthorized absence, he was admitted to an Army hospital and diagnosed with “borderline personality disorder.” The defense called a social worker and forensic counselor who screened the accused before he was placed in pretrial confinement. Based on this screening, she concluded the accused had a “mood disorder, not otherwise specified,” based on “some ups and downs in his mood.” The social worker added that a psychiatrist later diagnosed the accused with cyclothymic disorder, a condition characterized by rapid cycling of moods that would not normally affect day-to-day activities. The defense then called the accused’s sister, who testified that their family had a history of bipolar disorder. The court noted “two important and longstanding principles,” that the accused is “presumed to be sane” and that counsel is “presumed to be competent.” On appeal, a guilty plea will not be set aside unless there is a substantial basis in law or fact for questioning the plea. The accused’s passing comment about bipolar disorder, balanced against the other testimony that he actually suffered from a less-serious mental condition, was not enough to raise a substantial basis in law or fact to question the plea. To the contrary, the passing reference to a mental disorder only raised a “mere possibility” of conflict with the plea. b) United States ▇. ▇▇▇▇▇▇▇, 65 ▇.▇. 919 (C.G. Ct. Crim. App. 2008). Accused pled guilty to wrongful use of cocaine and several other offenses pursuant to an approved pretrial agreement. On appeal, the defense argued the accused’s pleas were improvident because the military judge failed to resolve the defense of lack of mental responsibility. During the presentencing phase of trial, defense called a clinical social worker who had bee...