322.0505 Article 50a — Defense of mental disease or defect.
(1) The accused has an affirmative defense of mental disease or defect in a trial by court-martial if, at the time of the commission of the acts constituting the offense, the accused, as a result of a mental disease or defect, lacked substantial capacity either to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law. Mental disease or defect does not otherwise constitute a defense.
(2) The accused has the burden of proving the defense of mental disease or defect to a reasonable certainty by the greater weight of the credible evidence.
(3) Whenever lack of mental disease or defect of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the military court as to the defense of mental disease or defect under this section and charge them to find the accused any one of the following:
(a) Guilty.
(b) Not guilty.
(c) Not guilty by reason of mental disease or defect.
(4) Subsection (3) 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 mental disease or defect 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:
(a) Guilty.
(b) Not guilty.
(c) Not guilty by reason of mental disease or defect.
(5) Notwithstanding the provisions of s. 322.052, the accused shall be found not guilty by reason of mental disease or defect if any of the following apply:
(a) A majority of the members of the court-martial present at the time the vote is taken determines that the defense of mental disease or defect has been established.
(b) 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 mental disease or defect has been established.
History: 2007 a. 200; 2009 a. 179.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 322 - Wisconsin code of military justice.
322.0001 - Criminal code interaction.
322.001 - Article 1 — Definitions.
322.002 - Article 2 — Persons subject to this code; jurisdiction.
322.003 - Article 3 — Jurisdiction to try certain personnel.
322.005 - Article 5 — Territorial applicability of this code.
322.006 - Article 6 — Judge advocates.
322.007 - Article 7 — Apprehension.
322.009 - Article 9 — Imposition of restraint.
322.010 - Article 10 — Restraint of persons charged with offenses.
322.011 - Article 11 — Place of confinement; reports and receiving of prisoners.
322.012 - Article 12 — Confinement with enemy prisoners prohibited.
322.013 - Article 13 — Punishment prohibited before trial.
322.014 - Article 14 — Delivery of offenders to civil authorities.
322.015 - Article 15 — Commanding officer's nonjudicial punishment.
322.016 - Article 16 — Courts-martial classified.
322.017 - Article 17 — Jurisdiction of courts-martial in general.
322.018 - Article 18 — Jurisdiction of general courts-martial.
322.019 - Article 19 — Jurisdiction of special courts-martial.
322.020 - Article 20 — Jurisdiction of summary courts-martial.
322.022 - Article 22 — Who may convene general courts-martial.
322.023 - Article 23 — Who may convene special courts-martial.
322.024 - Article 24 — Who may convene summary courts-martial.
322.025 - Article 25 — Who may serve as a member on courts-martial.
322.026 - Article 26 — Military judge of a general or special court-martial.
322.027 - Article 27 — Detail of trial counsel and defense counsel.
322.028 - Article 28 — Detail or employment of reporters and interpreters.
322.029 - Article 29 — Absent and additional members.
322.030 - Article 30 — Charges and specifications.
322.031 - Article 31 — Compulsory self-incrimination prohibited.
322.032 - Article 32 — Investigation.
322.033 - Article 33 — Forwarding of charges.
322.034 - Article 34 — Advice of judge advocate and reference for trial.
322.035 - Article 35 — Service of charges.
322.036 - Article 36 — Governor may prescribe regulations.
322.037 - Article 37 — Unlawfully influencing action of court.
322.038 - Article 38 — Duties of trial counsel and defense counsel.
322.039 - Article 39 — Sessions.
322.040 - Article 40 — Continuances.
322.041 - Article 41 — Challenges.
322.042 - Article 42 — Oaths or affirmations.
322.043 - Article 43 — Statute of limitations.
322.044 - Article 44 — Former jeopardy.
322.045 - Article 45 — Pleas of the accused.
322.046 - Article 46 — Opportunity to obtain witnesses and other evidence.
322.047 - Article 47 — Refusal to appear or testify.
322.048 - Article 48 — Contempt.
322.049 - Article 49 — Depositions.
322.050 - Article 50 — Admissibility of records of courts of inquiry.
322.0505 - Article 50a — Defense of mental disease or defect.
322.051 - Article 51 — Voting and rulings.
322.052 - Article 52 — Number of votes required.
322.053 - Article 53 — Court to announce action.
322.054 - Article 54 — Record of trial.
322.055 - Article 55 — Cruel and unusual punishments prohibited.
322.056 - Article 56 — Maximum limits.
322.057 - Article 57 — Effective date of sentences.
322.0575 - Article 57a — Deferment of sentences.
322.058 - Article 58 — Conditions of confinement.
322.0585 - Article 58a — Sentences: reduction in enlisted grade upon approval.
322.0587 - Article 58b — Sentences: forfeiture of pay and allowances during confinement.
322.059 - Article 59 — Error of law; lesser included offense.
322.060 - Article 60 — Action by the convening authority.
322.061 - Article 61 — Withdrawal of appeal.
322.062 - Article 62 — Appeal by the state.
322.063 - Article 63 — Rehearings.
322.064 - Article 64 — Review by the senior force judge advocate.
322.065 - Article 65 — Disposition of records after review by the convening authority.
322.0675 - Article 67a — Review by state appellate authority.
322.070 - Article 70 — Appellate counsel.
322.071 - Article 71 — Execution of sentence; suspension of sentence.
322.072 - Article 72 — Vacation of suspension.
322.073 - Article 73 — Petition for a new trial.
322.074 - Article 74 — Remission and suspension.
322.075 - Article 75 — Restoration.
322.076 - Article 76 — Finality of proceedings, findings, and sentences.
322.0767 - Article 76b — Competency; commitment for examination and treatment.
322.077 - Article 77 — Principals.
322.078 - Article 78 — Accessory after the fact.
322.079 - Article 79 — Conviction of lesser included offense.
322.080 - Article 80 — Attempts.
322.081 - Article 81 — Conspiracy.
322.082 - Article 82 — Solicitation.
322.083 - Article 83 — Fraudulent enlistment, appointment, or separation.
322.084 - Article 84 — Unlawful enlistment, appointment, or separation.
322.085 - Article 85 — Desertion.
322.086 - Article 86 — Absence without leave.
322.087 - Article 87 — Missing movement.
322.088 - Article 88 — Contempt toward officials.
322.089 - Article 89 — Disrespect toward superior commissioned officer.
322.090 - Article 90 — Assaulting or willfully disobeying superior commissioned officer.
322.092 - Article 92 — Failure to obey order or regulation.
322.093 - Article 93 — Cruelty and maltreatment.
322.094 - Article 94 — Mutiny or sedition.
322.095 - Article 95 — Resistance, flight, breach of arrest, and escape.
322.096 - Article 96 — Releasing prisoner without proper authority.
322.097 - Article 97 — Unlawful detention.
322.098 - Article 98 — Noncompliance with procedural rules.
322.099 - Article 99 — Misbehavior before the enemy.
322.100 - Article 100 — Subordinate compelling surrender.
322.101 - Article 101 — Improper use of countersign.
322.102 - Article 102 — Forcing a safeguard.
322.103 - Article 103 — Captured or abandoned property.
322.104 - Article 104 — Aiding the enemy.
322.105 - Article 105 — Misconduct as prisoner.
322.107 - Article 107 — False official statements.
322.108 - Article 108 — Military property — Loss, damage, destruction, or wrongful disposition.
322.109 - Article 109 — Property other than military property — Waste, spoilage, or destruction.
322.110 - Article 110 — Improper hazarding of vessel.
322.111 - Article 111 — Drunken or reckless operation of certain vehicles, vessels, and aircraft.
322.112 - Article 112 — Drunk on duty.
322.1125 - Article 112a — Violations regarding controlled substances.
322.113 - Article 113 — Misbehavior of sentinel.
322.114 - Article 114 — Dueling.
322.115 - Article 115 — Malingering.
322.116 - Article 116 — Riot or breach of peace.
322.117 - Article 117 — Provoking speeches or gestures.
322.120 - Article 120 — Rape and sexual assault generally.
322.1201 - Article 120a — Stalking.
322.1202 - Article 120b - Rape and sexual assault of a child.
322.1203 - Article 120c — Other sexual misconduct.
322.121 - Article 121 — Larceny and wrongful appropriation.
322.122 - Article 122 — Robbery.
322.123 - Article 123 — Forgery.
322.124 - Article 124 — Maiming.
322.126 - Article 126 — Arson.
322.127 - Article 127 — Extortion.
322.128 - Article 128 — Assault.
322.129 - Article 129 — Burglary.
322.130 - Article 130 — Housebreaking.
322.131 - Article 131 — Perjury.
322.132 - Article 132 — Frauds against the government.
322.133 - Article 133 — Conduct unbecoming an officer and a gentleman.
322.134 - Article 134 — General section.
322.135 - Article 135 — Courts of inquiry.
322.136 - Article 136 — Authority to administer oaths and to act as notary.
322.137 - Article 137 — Articles to be available.
322.138 - Article 138 — Complaints of wrongs.
322.139 - Article 139 — Redress of injuries to property.
322.140 - Article 140 — Delegation by the governor.
322.141 - Article 141 — Payment of fees, costs, and expenses.
322.142 - Article 142 — Payment of fines and disposition.
322.143 - Article 143 — Uniformity of interpretation.
322.144 - Article 144 — Immunity for action of military courts.