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View Diary: fixing loophole in military justice (9 comments)

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  •  UCMJ (0+ / 0-)

    is way tougher than civilian law

    •  prosecutorial discretion (2+ / 0-)
      Recommended by:
      rapala, ImpeachKingBushII

      means that if the prosecutor (chain of command) wants to ignore a crime or give a slap on the wrist it can.

      On my first ship we were processing Seaman Shaver for discharge. I think he'd fled Japanese police and crashed his car into a shoe store.

      Shaver was kinda a punk on a day-to-day basis. He was short, but lifted weights. He thought this made him tough.

      While Shaver was waiting to be discharged he kept needling Petty Officer Guerrero about how Shaver had fucked Guerrero's fiance. Guerrero was a skinny guy from NYC who was also a Golden Gloves boxer.

      Guerrero convinced Shaver to meet him for a fight.

      The duty officer described Shaver's head as being unrecognizable, like a pumpkin.

      Captain Petersen basically liked Guerrero and despised Shaver. Guerrero was about to transfer to another command in Japan. His fiance was Japanese. But Guerrero would fail "overseas screening" if he was punished at NJP.

      So Captain Petersen figured a way to handle it without punishing Guerrero at NJP.

      Was justice done? Maybe, maybe not.

      But prosecutorial discretion allows the prosecutors (chain of command) to not prosecute even when the underlying criminal law is perfect.

      If you are interested in the politics of Proviso Township in Cook County, Illinois, visit Proviso Probe.

      by Carl Nyberg on Fri Jan 19, 2007 at 09:53:14 PM PST

      [ Parent ]

      •  you are right, there is a lot of discretion (0+ / 0-)

        and I am not supporting cover ups.  I am just saying, if you kill someone, you will spend less time in jail on average if you are civvie and not under UCMJ.  I am not for cover ups, the key is training I guess.  I am not saying your ideas are off, they are most likely a good idea.  However, in general, I like when intelligent men have discretion, I hate how we tie the hands of judges who have studied so much.

        •  discretion is good (1+ / 0-)
          Recommended by:
          ImpeachKingBushII

          but discretion combined with conflict of interest is a problem.

          If you are interested in the politics of Proviso Township in Cook County, Illinois, visit Proviso Probe.

          by Carl Nyberg on Fri Jan 19, 2007 at 10:00:29 PM PST

          [ Parent ]

          •  that is true (0+ / 0-)

            and this is probably where the diarist is right.  There should be a review in egregious cases.  In general I support the troops if they are in combat and things get hairy.  If it is a clear cut crime, throw the book at them.  I guess my point is, historically, this was often the result.  Most murderers in the military get hard labor for 20+.  Not like in the civie world when they can be out in 4 years.

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