Skip to main content

View Diary: Military judge rules Obama's comments on sexual assault are "unlawful command influence" (36 comments)

Comment Preferences

  •  Good argument for Leahy's idea (1+ / 0-)
    Recommended by:
    deep info

    Have all sexual assault cases go through the state court system.  That ends the possibility of undue command influence.  I'm not sure how they handle cases that happen on ships or overseas, but there needs to be a system for those cases free from undue command influence as well.  

    Shine like the humblest star.

    by ljm on Sun Jun 16, 2013 at 08:30:45 PM PDT

    •  They usually do (1+ / 0-)
      Recommended by:
      Nina Katarina

      At least that's what we were taught in boot camp. If you get in trouble out in town, the civilian authorities get 'dibs' on you, and then when they're done, they'll hand you over to the military to be charged and tried again, and no, that's not double jeopardy, because we said so.

      Not sure how it works for offenses that are committed on base/aboard ship and initially reported to military police. The military justice system has jurisdiction over you no matter where you are, but the state may not have jurisdiction on military property. Or they may not bother to charge you if the military gets to you first. Perhaps that could be changed.

      There is the issue that a civilian court doesn't have the authority to impose a military discharge. No idea how that one would be resolved if the idea is to try people in civilian court instead of in military court.

      And I'm not entirely sure why we're focusing on the trial phase. The main problem for military sexual assault victims is reporting - the fact is that reporting the assault is highly likely to destroy one's entire life. That's why military rapists choose to victimize other servicemembers (usually in their own unit). There's almost no chance they'll report you. So this whole focus on the cases that actually go to trial is a red herring.

      "Let’s just move on, treat everybody with firmness, fairness, dignity, compassion and respect. Let’s be Marines." - Sgt. Maj Michael Barrett on DADT repeal

      by kyril on Mon Jun 17, 2013 at 02:50:05 AM PDT

      [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site