(a) 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.
(b) The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.
(c) 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 article and charge members to find the accused any one of the following:
(1) Guilty.
(2) Not guilty.
(3) Not guilty only by reason of lack of mental responsibility.
(d) 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 or a summary court-martial officer, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge or summary court-martial officer shall find the accused any one of the following:
(1) Guilty.
(2) Not guilty.
(3) Not guilty only by reason of lack of mental responsibility.
(e) Notwithstanding the provisions of Section 31-2A-52 (Article 52), the accused shall be found not guilty only by reason of lack of mental responsibility if either of the following occurs:
(1) 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.
(2) In the case of a court-martial composed of a military judge only or a summary court-martial officer, the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.
Structure Code of Alabama
Title 31 - Military Affairs and Civil Defense.
Chapter 2A - Military Justice.
Section 31-2A-36 - (Article 36.) Governor or the Adjutant General May Prescribe Rules
Section 31-2A-37 - (Article 37.) Unlawfully Influencing Action of Court.
Section 31-2A-38 - (Article 38.) Duties of Trial Counsel and Defense Counsel.
Section 31-2A-39 - (Article 39.) Sessions.
Section 31-2A-40 - (Article 40.) Continuances.
Section 31-2A-41 - (Article 41.) Challenges.
Section 31-2A-42 - (Article 42.) Oaths or Affirmations.
Section 31-2A-43 - (Article 43.) Statute of Limitations.
Section 31-2A-44 - (Article 44.) Former Jeopardy.
Section 31-2A-45 - (Article 45.) Pleas of the Accused.
Section 31-2A-46 - (Article 46.) Opportunity to Obtain Witnesses and Other Evidence; Subpoena.
Section 31-2A-47 - (Article 47.) Refusal to Appear or Testify.
Section 31-2A-48 - (Article 48.) Contempt.
Section 31-2A-49 - (Article 49.) Depositions.
Section 31-2A-50 - (Article 50.) Admissibility of Records of Courts of Inquiry.
Section 31-2A-50a - (Article 50a.) Defense of Lack of Mental Responsibility.
Section 31-2A-51 - (Article 51.) Voting and Rulings.
Section 31-2A-52 - (Article 52.) Number of Votes Required.