Are there substitutes for a sanity board?
- Yes. “The point is that we do not believe that the drafters selected the sanity boardformat because they had determined that no other procedure was capable of detecting mental disorders or determining an accused person’s mental capacity or responsibility. That being the case, we believe we should look to the substance of the evaluation performed on the accused rather than on its form .” United States v. Jancarek , 22 M.J. 600, 603 (A.C.M.R. 1986) (emphasis added).
- But see United States v. Mackie , 65 M.J. 762 (A.F. Ct. Crim App. 2007), aff’d , 66M.J. 198 (C.A.A.F. 2008) (finding that the mental health evaluation performed by a staff psychologist as a result of a pretrial suicide gesture was not an adequate substitute because of her inexperience in performing sanity boards); United States v. James , 47 M.J. 641 (A. Ct. Crim. App. 1997) (finding that mental status evaluation done by a mental health counselor was not an adequate substitute); United States v. English , 47 M.J. 215 (C.A.A.F. 1997) (finding that an examination by doctors for purposes of treatment of the accused was not an adequate substitute because the examination did not address the judicial standards for mental capacity or responsibility).