Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
(a) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe physical or mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect shall not otherwise constitute a defense.
(b) The accused shall have the burden of proving the defense of lack of physical or mental responsibility by clear and convincing evidence.
(c) Whenever lack of physical or mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall follow the forms and procedures of chapter 704.
(d) Notwithstanding the provisions of section 124B-78 and subsection (c), the accused shall be found not guilty by reason of lack of physical or mental responsibility if:
(1) A majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of physical or mental responsibility has been established by clear and convincing evidence; or
(2) In the case of a court-martial composed of a military judge only, the military judge determines that the defense of lack of physical or mental responsibility has been established by clear and convincing evidence.
(e) Whenever there is reason to doubt the accused's fitness to proceed, the court may immediately suspend all further proceedings in the trial and conduct an examination in accordance with section 704-404.
(f) Any general or special court-martial where a person may be found guilty by reason of lack of physical or mental responsibility shall follow the same substance and procedures found in sections 704-410.5 through 704-417.
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 1. Government § 124B-76 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-1-government/hi-rev-st-sect-124b-76/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)