The interplay between the UCMJ and MEJA is discussed here (posts # 13 & 15)
http://council.smallwarsjournal.com/...ead.php?t=5119
Where the PMC would be better off is a good question (a military jury vs. civilian jury).
First issue is what the client wants and what the prosecution will buy. If the client wants a plea bargain, some form of manslaughter seems likely.
If he wants to tough it out for whatever reason, then:
1. Defense counsel should buy a tape or DVD of Anatomy of a Murder and study it.
2. The badly burned lady must take the stand - since she is a res gestae witness, that should not be an issue.
3. The guy must testify and be as compelling as the 1LT (Ben Gazzara) in Anatomy.
4. Put on an expert witness on PTSD and "irresistible impulse" - to give the jury a logical hook.
If the jury buys it, the guy walks - that result is "jury nullification", where strict application of the law would not be just under the totality of circumstances.
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