Hmmm...a JAG lawyer.Excellent! First,I know nothing about military justice,never even having had even an Article 15 brought against me.Please tell me...how are JAG offices run? Are there JAG officers who exclusively do prosecutions while others exclusively do defense? Or do you switch around? Do JAG officers volunteer to do a particular case or are they assigned,as one would be assigned to guard duty? Did you ever defend a Soldier,Sailor,Airman or Marine in a CM? I ask these things to return to my earlier question to you.Your "client",accused of murder,has a documented brain injury,sustained in the line of duty.It's been noted by many (including medical personnel) that he hasn't been the same since that injury.Do you,his military counsel,hold him morally and legally responsible for having failed to conduct himself in an appropriate manner or do you explore,in depth,the nature and extent of his injury as well as how such an injury is known to adversely affect an individual..with the thought of possibly presenting your findings to the panel?
Oh yeah, if I was assigned as your hypothetical criminal defendant’s legal counsel, I would have an obligation to inform the jury of his medical conditions etc. But I bet they wouldn’t buy it, still you never know