Quote:
Originally Posted by DrPhil
Dekeguy. is there a substantive difference between "desertion in the face of the enemy" and "battle fatigue or shell shock or ptss or what"?
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Dr. Phil,
Yes, there is a substantive difference. Battle fatigue and its similar descriptive terms are physical and/or psycological conditions which can and often do render a person incapable of rational or even physical action and make it difficult if not impossible for the 'mens rea' to be established.
Desertion in the face of the enemy, like its near twin 'cowardice in the face of the enemy' are arguably the most serious violations of the UCMJ and constitute capital offences. They qualify for execution if the defendant is found guilty.
The difference in its most basic terms is that one will get you medical treatment and the other could get you a blindfold, a cigarette, and ...
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