Anonymous ID: cf0feb Jan. 24, 2019, 1:29 a.m. No.4885588   🗄️.is 🔗kun

>>4884590 (lb)

 

Law fag for reference, but just another anon in the trenches. So my malady (law), caused me to ponder different scenarios re: prosecution of NP. In a civil court of law, NP could use lack of mental capacity to stand trial. Similar to a lack of mental capacity defense to the crime. For that they just send you to a mental hospital, and depending on how severe the crime and the person's diagnosis, you could possibly be released eventually. Violent felons and murderers are less likely to be released.

 

My question, which I will dig on and research is, what about military tribunals? First off, there are two uses or determinations re: mental competency, one for the time of the crime, and the other for trial. In civil courts, they can put a trial on hold for a lengthy, if not indefinite period of time to give the person time to recover from their mental disability. Like I said, I will need to research this, but my belief is for either use if allowed at all, the thresh holds will likely be more stringent in a military tribunal setting. So tough that to use for either, they'd have them evaluated thoroughly by government shrinks.For past events there would likely have to be overwhelming witness testimony re: the person's mental health at the time, and evidence of mental health problems. Even if the person was found to be mentally incompetent, they could reevaluate them later, and if a final determination, they would be in a mental health ward of GITMO, or maybe even Ft. Leavenworth for an indeterminate period of time.

 

All of this is just conjecture on my part at this time, based upon 30 years in the legal field, and as a trial lawyer.At this time I really can't answer my question about how mental competency would effect military tribunals in cases such as NP's.I'll report back with the results of my dig on this!