Bush OKs execution of Army death row prisoner

[taltos]

It is about time that the sentence is carried out. The military is subject to double jeopardy from civilian and military authorities but have more appeals when within the military justice system. I think that a previous poster was talking about the "catch all" article in the UCMJ which is used for non judicial punishment and woudl not apply in this case.

[catfish]

From what I've read about him, he deserves what ever he gets and then some!

[Chiefs~Wifey]

This may be a little late but oh well. I worked for the 911 dispatch center in the city here near post. We took care of the city police the county sheriffs patrols and the state police. Any soldier that got into trouble off post still had to answer to the town or city court they were in. And they almost always got turned over to the miltary police. If not there was always a file 13 sent to miltary police if the subj was arrested. Hopefully that clears up the double jeapardy thing.

[macjoe53]

Originally Posted by taltos

It is about time that the sentence is carried out. The military is subject to double jeopardy from civilian and military authorities but have more appeals when within the military justice system. I think that a previous poster was talking about the "catch all" article in the UCMJ which is used for non judicial punishment and woudl not apply in this case.

I don't quite understand your statement. While Article 134 covers "all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital" charges under this article is not always handled by non-judicial punishment. It is in fact listed as a "punitive article" which is punishable by courts martial. Of course someone who chose a court martial when they could accept NJP would have to be pretty stupid.

As for the case of the death row prisoner technically this isn't a matter of double jeopardy because the military can court martial someone who has been convicted of charges for the same offense and found guilty in civilian courts. This is because the military operates under a different set of "rules" (the UCMJ) then civilians and it allows for charges to be filed in both military and civilian jurisdictions. That's why a military member can face punishment for drunk driving in both systems - not to mention additional charges under the UCMJ if the member is locked up in a civilian jail.

[TikiHut27]

Originally Posted by macjoe53

Of course someone who chose a court martial when they could accept NJP would have to be pretty stupid.

They proved they were pretty stupid when they put themselves in a position where they have to make the choice. But yeah, most go with NJP, where the punishments are generally much less harsh.

Originally Posted by macjoe53

That's why a military member can face punishment for drunk driving in both systems - not to mention additional charges under the UCMJ if the member is locked up in a civilian jail.

And they should be. Service members, like police officers, should be held to a higher standard. When you wear the uniform, everything you do is not just about you- it's about you and your service. You swear an oath when you accept the uniform, and that oath says you will obey rules, regulations, and laws. When you break that oath, and betray your country's faith in you, you deserve everything you get.

Today's Stars and Stripes ran a picture of this murderer and rapist in his Class A uniform.

When I saw it, it made me physically sick to my stomach.

[macjoe53]

Originally Posted by TikiHut27

They proved they were pretty stupid when they put themselves in a position where they have to make the choice. But yeah, most go with NJP, where the punishments are generally much less harsh.



And they should be. Service members, like police officers, should be held to a higher standard. When you wear the uniform, everything you do is not just about you- it's about you and your service. You swear an oath when you accept the uniform, and that oath says you will obey rules, regulations, and laws. When you break that oath, and betray your country's faith in you, you deserve everything you get.

Today's Stars and Stripes ran a picture of this murderer and rapist in his Class A uniform.

When I saw it, it made me physically sick to my stomach.

Actually I was involved in a couple of cases where the person involved was more a victim of circumstances instead of stupid. (I was the junior officer on duty or the office CPO and had to write up the charges) In one case, for example, an E-5 missed a monthly inspection because he was rear-ended on the way to the base. He had to wait for the police and go through all the paperwork and then find a way to the base. His big mistake was not calling and having a supervisor who was a pr*#k. I was ordered to write him up. He felt it was BS so initially refused NJP and wanted a court martial. Cooler heads prevailed and everything was dismissed. The point is sometimes bad things happen to good people.

That being said, 90 percent of the other cases I was involved in were drunks or idiots.