Legal Question in Military Law in New York
Law case
I take a law class and I need some help with a case I am defending. 17-year-old Richard tenneson joined the military and served in the Korean War. He was captured with other soldiers and he was led to a prison camp. There he was brainwashed using ''coercive indoctrination'' and he stayed with his captors. He did propaganda work with them but it soon became old news. He got homesick and returned home to the U.S. He said that he didn't regret his decision to denounce his faith but later took it back and started hating his captors. He is 21 when this is all over and this took 4 years to happen. His mother is very religious. He is charged with many offenses including aiding the enemy, and can be charged with death or imprisonment for up to life.
2 Answers from Attorneys
Re: Law case
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Re: Law case
The problem sets up the tension between allegations of misconduct while a prisoner of war and the defenses of duress and diminished capacity (a variation on the insanity defense). You can Google those terms. The fact that he changed his mind about the North Koreans after he had been home for a while seems to point to the effects of severe psychological manipulation known to have been used on POWs by their N. Korean captors. Focus on the "knowing" aspect of the charge.
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