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6/2/2014 4:07:30 PM
14
Sounds like a damnend if you do, damned if you don't. If you don't bring the guy back, you abandoned a soldier. Bring him home, you get accused of appeasement. Either way, Republicans would be mad.
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[quote]Either way, Republicans would be mad[/quote] Except in this case we exchanged 5 Taliban high-ranking officials (one of them being the former commander of the entire Taliban army) for an enlisted soldier that deserted his post/went AWOL while 6 other soldiers died trying to find him. If the situation was we released 2-3 low ranking Taliban soldiers in exchange for a guy who didn't desert then there would be no outrage There's also the fact that the administration broke the law by not informing Congress. But that's something you can expect from a guy who resorts to executive orders because he doesn't get his way *shrugs*
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[quote]A defendant's commanding officer, after learning that a violation of military law may have occurred, orders a preliminary inquiry. After learning the facts, a commander can decide that no further action is needed or can impose administrative punishment, even seeking to have the service member discharged. But if the commander decides the defendant should face a trial, the charge is referred to a superior officer who has authority to convene a court-martial.[/quote] Again, I'm sorry to say but court-martials work very differently than the way the civilian legal system works
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[quote]There is an ongoing problem with sexual assault in the U.S. military which has received extensive media coverage in the past several years. A 2012 Pentagon survey found that approximately 26,000 men and women were sexually assaulted. Of those, only 3,374 cases were reported. In 2013, a new pentagon study found that [b]5,061 troops reported cases of assault.[/b]Many people are optimistic that this 50% increase in reports is indicative of victims "growing more comfortable in the system." [b]Of these reported, however, only 484 cases went to trial[/b], and only 376 resulted in convictions[/quote]
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I don't know what you are trying to prove, you are showing me evidence that the military has a horrible conviction rate of sexual offenders, when you were just arguing that the military doesn't need to bring offenders to trial. BTW, Sexual assault is also on of the harder civilian convictions to get as well, so really, just another way the military justice system is very much like the civilian one.
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Out of 5,061 cases in this instance, commanders felt that only 484 should have gone to trial. Meaning 4,577 reports didn't go to trial because commanders made the decision not to. I'm proving that rarely does the military hold trials by going the direct of preliminary inquiries and taking action from there And that concludes our lesson on context clues
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You missed my point, they can't punish you without a trial (beyond what any employer can). My original objection was to you calling the guy a deserter. He is not actually a deserter until convicted of being one. The army cannot just decide one is a deserter without a trial. Desertion is a pretty serious crime.
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No, you're missing my point. The military CAN punish you without trial and the military can give you a punishment without trial. It's called Article 15 of the Uniform Code of Military Justice and Administrative Discharge [quote]The commander could impose Article 15 (nonjudicial punishment), possibly imposing a fine, or restriction, or correctional custody, or reduction in rank, and then allow the member to return to duty. The commander could impose an administrative discharge, usually with either a general or other-than-honorable conditions (OTHC) discharge characterization. The commander could impose Article 15 punishment, and then follow it up immediately with administrative discharge proceedings (thereby discharging the person with no stripes on his/her shoulder and/or imposing a fine so they are discharged with little or no money in their pocket).[/quote]
