Tuesday, January 4, 2011

Sanity Board for PFC Manning


The Washington Times has a front-page story this morning about PFC Bradley Manning of Wikileaks fame. Although I thought this was already underway, the Army (through an unrelated COL Manning) announced that Manning will undergo a sanity board conducted under Rule for Court-Martial 706. Not surprisingly, the timetable for the board's work isn't listed.


Of some note, the article mentions that the sanity board answers 2 questions. In reality, the board answers four:

1) At the time of the alleged offenses, did the accused have a severe mental disease or defect?

2) If so, what was that disease or defect (clinical psychiatric diagnosis)?

3) 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? (I.e., did he know right from wrong at time offenses committed?)

4) Is the accused presently suffering from a mental disease or defect rendering him unable to understand the nature of the proceedings against him or to conduct or cooperate intelligently in that defense? (I.e., is he sane at time of trial and trial prep?)


See RCM 706(c)(2).