Question
Read this Memo sent to you by the Senior Partner in your law firm, Plentibux & Moore: Memo to: Jack Starr, Paralegal Sanity Boards I
Read this Memo sent to you by the Senior Partner in your law firm, Plentibux & Moore: Memo to: Jack Starr, Paralegal Sanity Boards I was just contacted by my good friend, Fred Payne, about his son, Sergeant Ima Payne of the United States Army Infantry. It seems SGT Payne has gotten in to some trouble and has been criminally charged by the Army. Fred did not know what the charges were, but at this point, that is not important. Fred told me that his son has been acting very strangely and asked me about the rules for having a soldier facing court-martial evaluated by a sanity board. Here is the thing - Ima is an interesting fellow. Over the years, most folks who met him would shake their heads and wonder what was with that guy. He doesn't seem to be on the same sheet of music as most folks and is always doing strange things. It seems this pattern of behavior has continued, and his father strongly suspects that it may be connected to his misconduct in the Army. He also has some question in his mind about whether his son will be able to participate meaningfully in his defense, as he seems to be disoriented and is displaying bizarre behavior. I need a quick but detailed answer as to what a sanity board is, how it must be requested, and if and when a military judge is required by law to approve such a request. I believe that Rule for Courts-Martial (R.C.M.) 706, found in the Manual for Courts-Martial (M.C.M.), is the applicable rule. I want you to focus on the rule and how it is to be applied. We don't know much about the case at this point, but don't worry about that. Again - right now, I am just concerned about the rule and how it is to be applied by the military judge. Draft an office memorandum.
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