United States v. Krauss

20 M.J. 741, 1985 CMR LEXIS 3655
CourtU.S. Navy-Marine Corps Court of Military Review
DecidedMay 24, 1985
DocketNMCM 84 3934
StatusPublished
Cited by3 cases

This text of 20 M.J. 741 (United States v. Krauss) is published on Counsel Stack Legal Research, covering U.S. Navy-Marine Corps Court of Military Review primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Krauss, 20 M.J. 741, 1985 CMR LEXIS 3655 (usnmcmilrev 1985).

Opinion

MITCHELL, Judge:

The appellant stands convicted by general court-martial of dereliction of duty, twelve counts of treasury check theft ($1700 total face value) and twelve counts of check forgery. He incurred an approved sentence extending to a bad conduct discharge, confinement for two years, forfeiture of all pay and allowances for two years and reduction to pay grade E-l.

The known facts are that the appellant (who had prior experience at the Marine Corps Finance Center), while assigned to an Inspector and Instructor Staff (I — I), served as administrative chief and had responsibility for receiving and auditing reservists’ pay checks. In July of 1982, the first sergeant found a stack of paychecks in the appellant’s safe, conducted an audit against the paycheck log book and then ordered the appellant to return the checks to the Finance Center. The appellant, according to his confession, said he found the cheeks in his safe after returning from leave and proceeded to find out why the checks were issued and to make appropriate corrections in the computerized pay system which was newly in effect at the time. The “system” continued to send checks for reservists that he was trying to get removed from the pay system. In July the appellant took some checks and other mail matter to the Post Office for mailing. The envelope with the checks fell between the seats of his car and was found by him several weeks later. The appellant, who claimed to be having financial and domestic problems, made a false I.D. card in the name of M.L. Gonzales, to which he laminated his own picture. He then took one of the checks, on which he forged an endorsement by the stated payee to M.L. Gonzales, executed an endorsement in the name of M.L. Gonzales, and then opened an account at a nearby bank. He then deposited the Government payroll checks in and withdrew funds from that account over the next few weeks. At least two of the checks so deposited were not part of the original batch of checks but were taken after the first sergeant’s audit. The appellant’s confession indicates that he believed that, if he had not alerted the Finance Center and cashed the checks, his scheme would not have been discovered.

But, alas, the spectre of Murphy’s First Law arose. Around 18 October 1982, the appellant withdrew funds from the account but forgot to sign the withdrawal slip. This error was discovered by a teller’s supervisor who returned the slip to the teller. About 20 October 1982, the appellant came back into the bank to make another deposit and after so doing was asked by the teller to sign the withdrawal slip which he forgot to sign on 18 October. Without hesitation the appellant signed the slip. Later the teller gave the slip to her supervisor who noticed that the signature was not “M.L. Gonzales” but, unfortunately, “Harold Krauss.” The appellant’s scheme unravelled to his detriment. Against this factual background, the appellant complains that the Government failed at trial to prove beyond a reasonable doubt that he was mentally responsible for the offenses involved.

At the outset it is noted that the task of dealing with apparently conflicting psychiatric and psychological experts is made simpler by a clear understanding of the difference between law and medicine. The law is not concerned with the precise medical definition of insanity as is true of medicine. The physician’s purposes of definition are to identify a medical problem (in this case a psychiatric one) and to grade its medical significance, so it can be intelligently discussed and treated. The psychiatrist uses terminology and processes which are useful to that purpose. The law, on the other hand, in its substantive provisions and the judgment of the trier of fact, is concerned with defining the degree of mental impairment that will excuse crime. It is not surprising that the lawyer and the psychiatrist will often encounter a certain confusion as they try to communicate across their differing perspectives, and as a result they often, perhaps unwittingly, confuse their roles in the trial. The lawyer must be aware that there are infinite gradations of sanity, that psychiatry is not a precise sci[743]*743ence and that psychiatric terminology does not have universal meaning. The criminal law cannot realistically adjust to infinite gradations of human mental weakness. The law is, however, designed to protect the more extreme case from unjust punishment because of a mental condition over which the person has no control. It is also significant that psychiatric training often involves the input of a deterministic philosophy which negates the concepts of free will and culpability which form the basis of the criminal law.

In this arena of confusion, the facts bearing upon the claimed mental condition and those surrounding the commission of the charged offenses predominate in serving the purpose of the criminal law. Consequently, there is a great necessity to avoid allowing the labels used by the medical experts to themselves be outcome determinative, since the same labels are often used differently by different psychiatrists and are not by themselves relevant to the criminal law’s purpose. In the case at bar, this is especially true in respect to the words “crazy,” “mental disease,” “mental defect,” “mental illness”, “obsession,” and “compulsion,” for the appellant relies too heavily on these labels in petitioning for relief and the meanings attending those words are not standard among the testifying experts. The state of the evidence in this case, however, permits an accurate judgment to be made in respect to whether this appellant is to be excused of his crimes.

In 1979, the appellant, while serving in Hawaii with Marine Air Control Squadron 2, 1st Marine Brigade, experienced a fainting reaction while giving a blood sample during a physical examination. He was given a neurological examination which confirmed the malady and ruled out any sort of neurological or seizure disorder.

About May of 1980, the appellant’s marriage began to fall apart. This situation had an adverse effect upon the appellant’s prior excellent performance as administrative chief, as subsequently noted by his reporting senior. In September of 1980, the appellant visited a medical doctor with complaints of weight loss, upset stomach and nervousness. He was given a psychiatric consult for a perceived situational reaction. An evaluation was undertaken in November by a psychologist who believed that the appellant had an extreme situational reaction caused by marital turmoil and related emotional difficulty in accepting his inability to control his wife’s behavior. By this time the appellant had found his wife living with a gunnery sergeant in Government quarters. He had complained to the Provost Marshall and the Housing Office and had filed charges with the staff judge advocate, all without apparent success. He had also complained in writing about this to the Brigade Commander. Continued therapy was recommended by the psychologist to prevent deterioration of appellant’s coping skills.

In December of 1980 the appellant saw the Brigade Commander twice and was satisfied that a significant portion of his problem had been rectified. The appellant later said that at that time he felt ready to resume his customary high level of performance. He was transferred from MACS 2 on 19 January 1981 because the command believed that appellant’s preoccupation with his personal problems unacceptably interfered with his performance in the high operational stress environment of the squadron and that transfer to another squadron which had a less stressful environment would afford him the time to work out his domestic problems.

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Cite This Page — Counsel Stack

Bluebook (online)
20 M.J. 741, 1985 CMR LEXIS 3655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-krauss-usnmcmilrev-1985.