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Refers to the criminal culpability of the accused based on his mental state at the time of the offense and includes the complete defense commonly known as the “insanity defense” and the more limited defense of “partial mental responsibility.”
- Refers to the present ability of the accused to stand trial. Anaccused may not be tried unless mentally competent. Godinez v. Moran , 509 U.S 389, 396 (1993). To try a mentally incompetent accused is a violation of due process. Medina v. California , 505 U.S. 437, 453 (1992).
- Provision under Rule for Courts-Martial (RCM) 706 governing the processinquiring into the mental capacity or mental responsibility of an accused